Hunt v. Wright
Supreme Court of New Hampshire
Petition for partition. The following facts are agreed upon for the purposes of this decision and uo other: The petitioner, at the time of filing the petition, was seized, as tenant in common with the petitionee, of two undivided one hundred and twentieth parts of two parcels of land and premises in Nashua, described in the petition, the petitionee being seized of the remaining parts of said premises.
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Petition for partition. The following facts are agreed upon for the purposes of this decision and uo other: The petitioner, at the time of filing the petition, was seized, as tenant in common with the petitionee, of two undivided one hundred and twentieth parts of two parcels of land and premises in Nashua, described in the petition, the petitionee being seized of the remaining parts of said premises. The petitioner holds said two undivided parts of said premises by deeds containing the following condition : "Provided, however, and this conveyance is upon the condition that said premises are…
1Opinion of the CourtBartlett, J.
The proviso in the deed is not repugnant to the estate granted, for originally at common law, a tenant in common could not be compelled to make partition; Lit. sec. 318; Co. Lit. 187, a; 2 Blk. Com. 194 ; and the right given by statute, being for the benefit of the party, may be waived by him. Coleman v. Coleman, 19 Penn. 100 ; Broome Leg. Max. 547. It is not in restraint of alienation, for each tenant may convey his share at his pleasure, nor does it prevent a beneficial enjoyment of the profits, for by the articles of association the *400rents, after deducting the incidental expenses, are to be…
2Cases cited17 opinions
- Jones v. JohnstonSupreme Court of the United States · 1856
- Stuyvesant v. Mayor of New-YorkNew York Court of Chancery · 1845
- Hooper v. CummingsSupreme Judicial Court of Maine · 1858
- Goesele v. BimelerSupreme Court of the United States · 1853
- Hill v. HillNew York Supreme Court · 1848
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3Cited by1 opinion
- Panella v. BolioMassachusetts Land Court · 2021