Dyer v. Lowell
Supreme Judicial Court of Maine
Petition for a writ of certiorari. The respondents had a conveyance of 2730 acres of land in common and undivided, in township No. four, in the fifth range west of Kennebec river. , They applied for partition, alleging that they were seized of that quantity of the tract as tenants in common and undivided, with certain persons to them unknown.
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Petition for a writ of certiorari. The respondents had a conveyance of 2730 acres of land in common and undivided, in township No. four, in the fifth range west of Kennebec river. , They applied for partition, alleging that they were seized of that quantity of the tract as tenants in common and undivided, with certain persons to them unknown. And commissioners, appointed under that application, had set off to them 2730 acres by metes and bounds, and made return thereof, but without stating that the lands so assigned were of average quality or value with the rest of the township, or in any…
1Opinion of the Court
Siiepley, C. J. orally.
— It is contended that application for certiorari is not an appropriate remedy in a case like this. But we think it is, although perhaps it may not be the only one.
It appears by the commissioners’ return that they set off 2730 acres, the precise quantity claimed by the petitioner. Their warrant did not require them, nor by their return do they state that they have undertaken, to set off that quantity of average quality or value, or to make a just and equal division as to value. These proceedings were erroneous, because the petitioners’ ownership was only that of 2730…
2Cited by8 opinions
- Hemmer v. BonsonSupreme Court of Iowa · 1908
- Cunningham v. Kittery Planning BoardSupreme Judicial Court of Maine · 1979
- Brown v. CooperSupreme Court of Iowa · 1896
- Howard v. LongCourt of Appeals of Kentucky (pre-1976) · 1931
- Dexter v. Town Council of CumberlandSupreme Court of Rhode Island · 1891
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