Willard v. Willard
Supreme Court of the United States
APPEAL FROM THE SUPREME COURT ' OF THE DISTRICT OF COLUMBIA. This was a bill in equity filed January 3, 1888, by Henry K. Willard against Joseph C. Willard, under the act of August 15, 1876, c. 297, (which is copied in the margin,1) for partition of land in the city of Washington, bounded on Pennsylvania Avenue on the south, Fourteenth street on the east, and F street on the north, containing more than 33,000 square feet, and with the building, thereon known as Willard’s…
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APPEAL FROM THE SUPREME COURT ' OF THE DISTRICT OF COLUMBIA. This was a bill in equity filed January 3, 1888, by Henry K. Willard against Joseph C. Willard, under the act of August 15, 1876, c. 297, (which is copied in the margin,1) for partition of land in the city of Washington, bounded on Pennsylvania Avenue on the south, Fourteenth street on the east, and F street on the north, containing more than 33,000 square feet, and with the building, thereon known as Willard’s Hotel. The allegations of the' bill were that .the plaintiff and the defendant were the owners of the land in fee simple,…
1Opinion of the CourtJustice Gray
In a court having general jurisdiction in equity to grant partition, as in a court of law, a tenant in common, whose ■title in an undivided share óf the land is blear, is entitled to partition, as a matter of right, so that he may hold and enjoy his property in severalty. Story Eq. Jur. §§ 653, 656; Parker v. Gerard, Ambler, 236; Calmady v. Calmady, 2 Ves, Jr. 568; Wiseley v. Findlay, 3 Rand. 361; Smith v. Smith, Hoffman Ch. 506, and 10 Paige, 470; Donnell v. Mateer, 7 Iredell Eq. 94; Campbell v. Lowe, 9 Maryland, 500.
Under the English statutes of 31 H. YIII, c. 1, and 32 H. YIII, c. 32, in…
2Cases cited4 opinions
- Smith v. SmithNew York Court of Chancery · 1843
- Thruston v. MinkeCourt of Appeals of Maryland · 1870
- Campbell v. LoweCourt of Appeals of Maryland · 1856
- Woodworth v. CampbellNew York Court of Chancery · 1835
3Cited by30 opinions
- Hopkins v. GrimshawSupreme Court of the United States · 1897
- Chew v. . SheldonNew York Court of Appeals · 1915
- Condrey v. CondreySupreme Court of Florida · 1957
- Wolfe v. StanfordSupreme Court of Oklahoma · 1937
- Clark v. RollerSupreme Court of the United States · 1905
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