Chandler v. Simmons
Massachusetts Supreme Judicial Court
Petition to the superior court for partition of land in Dighton. The respondent did not deny the right and title of the petitioner to any part of the premises claimed by him.
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Petition to the superior court for partition of land in Dighton. The respondent did not deny the right and title of the petitioner to any part of the premises claimed by him. Partition was ordered, and upon the return of the report of the commissioners making it the petitioner claimed that damages should be paid to him, by the respondent “ for the rents and profits of the common estate while he had been in possession thereof, up to the time of filing the petition, and also for any waste or destruction of the property belonging to the estate by cutting and removing wood therefrom, or in any…
1Opinion of the CourtMorton, J.
This case presents a narrow question of the construction of section 46 of chapter 136 of the General Statutes, which is as follows : “If the plaintiff or petitioner recovers judgment in any suit or other process of partition in which it appears by the pleadings that the defendant or respondent denies the right *413and title of the plaintiff or petitioner to any part of the premises, and claims the same as his own estate in fee, and it is proved that the defendant or respondent held the same under a title which he believed to be good, he shall be entitled to compensation for the value of any…
2Cited by2 opinions
- Aldrich v. HusbandMassachusetts Supreme Judicial Court · 1881
- Husband v. AldrichMassachusetts Supreme Judicial Court · 1883