In re the Partition of Real Estate of Cochran
Court of Chancery of Delaware
Petition for Intervention in a Cause in Partition. A petition for partition of land late of John P. Cochran, deceased, had been filed by all the parties in interest, devisees under the will of John P. Cochran, and a commission appointed to make the partition.
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Petition for Intervention in a Cause in Partition. A petition for partition of land late of John P. Cochran, deceased, had been filed by all the parties in interest, devisees under the will of John P. Cochran, and a commission appointed to make the partition. John P. Cochran being seized of a lot of land in Middletown, by the codicil to his will, made the following devise: “I give, devise and bequeath to my said wife," Mary T. Cochran, the said house and lot of land so purchased from John W. Patton, to have and to hold for and during the term of her natural life, and at and upon her death, I…
1Opinion of the Court
The Chancellor.
The first question raised is whether the intervention will be allowed and the claims of the intervenors be adjudicated in this way. There is no statute bearing on the subject. If the intervenors have an interest in the land to be partitioned and are not made parties, they are not affected by the partition. But it is manifestly proper that the question as to their rights be settled promptly in the way adopted, for the question raised is purely a legal one and the facts are *137undisputed; and all parties, interveners as well as the original petitioners, would be bound by the…
2Cases cited1 opinion
- Wheeler v. AllenSupreme Judicial Court of Maine · 1866
3Cited by2 opinions
- Knight v. KnightCourt of Chancery of Delaware · 1914
- Clark v. CushingCuyahoga County Probate Court · 1966