Munroe v. Luke
Massachusetts Supreme Judicial Court
Petition for partition, filed by Munroe and the executor of James Bullard. On a case stated it appeared, that on and before the 15th of May, 1826, the land of which partition was prayed, was owned by John Cooper and John Sowden, as tenants in common, in equal shares. On that day the interest of Cooper was attached on mesne process by Munroe, and on the 16th by Bullard.
Read the full summary
Petition for partition, filed by Munroe and the executor of James Bullard. On a case stated it appeared, that on and before the 15th of May, 1826, the land of which partition was prayed, was owned by John Cooper and John Sowden, as tenants in common, in equal shares. On that day the interest of Cooper was attached on mesne process by Munroe, and on the 16th by Bullard. On the 17th, Cooper conveyed his moiety of a portion of the land to W. Walsh, and T. Kennedy, and took their note for the amount of the purchase money, secured by a mortgage of the land granted. This mortgage was assigned by…
1Opinion of the Court
Shaw C. J.
delivered the opinion of the Court. The respondent contends, that the petitioners took no interest in the premises of which partition is prayed, by force of their levies, because they did not conform to the provisions of the statute, which requires that a portion of the land shall be set off, to hold in severalty by metes and bounds, when the estate of the debtor is an estate in severalty. The respondent then contends, that at the time of the levy, the estate of Cooper had, by force of the partition, become an estate in severalty, and that the levy upon an undivided part was void.…
2Cases cited3 opinions
- Smith v. RiceMassachusetts Supreme Judicial Court · 1814
- Cook v. AllenMassachusetts Supreme Judicial Court · 1807
- Ramsdell v. CreaseyMassachusetts Supreme Judicial Court · 1813