Low v. Holmes
New Jersey Court of Chancery
The bill alleges that the complainant is the owner of the one equal, undivided, half part of certain goods and chattels, consisting of a steam engine, printing press, type, and other articles, the materials of a printing office establishment, of which Holmes is the owner of the other undivided half, and that Crowell, the other defendant, claims some interest, the character of' which is unknown to the complainant ; that Holmes is in the possession and enjoyment of the…
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The bill alleges that the complainant is the owner of the one equal, undivided, half part of certain goods and chattels, consisting of a steam engine, printing press, type, and other articles, the materials of a printing office establishment, of which Holmes is the owner of the other undivided half, and that Crowell, the other defendant, claims some interest, the character of' which is unknown to the complainant ; that Holmes is in the possession and enjoyment of the property, and that he refuses to divide it, or to sell and divide the proceeds. The hill prays that the property may be…
1Opinion of the Court
The Chancellor.
The only question now before the court, is the complainant’s right to an injunction and a receiver. The equity of the complainant’s bill, and his right to the enjoyment of his share of the property, are not drawn in question.
I. It is objected, that there are other encumbrances or claims upon the property, and that the necessary parties are p.ot before the court. But encumbrances upon the property constitute no objection to a partition. As regards real estate, it is not necessary that the encumbrancer should be a party to the suit for partition. His rights are not affected by…
2Cited by3 opinions
- Mastbaum v. MastbaumNew Jersey Court of Chancery · 1939
- Freeth v. RuleNew Jersey Court of Chancery · 1935
- Smith v. SmithNew Jersey Court of Chancery · 1946