Field v. Hanscomb
Supreme Judicial Court of Maine
Exceptions from the Court of Common Pleas, Whitman C. J, presiding. particularly described in the petition, “ containing forty-two acres, more or less.”
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Exceptions from the Court of Common Pleas, Whitman C. J, presiding. particularly described in the petition, “ containing forty-two acres, more or less.” They stated in their petition, that Field was seized in fee, as tenant in common with the respondents and others, ^ of six acres and eighty-six square rods,” and that Baker was thus seized K of one sixth part, or seven acres and one seventh of an acre;” and prayed, that their “ undivided several parts of the premises” might be assigned in severalty. Judgment was rendered, that the petitioners “ have partition of the premises described in the…
1Opinion of the Court
*367The opinion of the Court, after a continuance for advisement, was drawn up by
Weston C. J.
The stat. of 1821, c. 37, for the partition of lands or other real estate, has provided a process by petition, which may be substituted for a writ of partition at common law. It is not technically a civil action, commencing by writ, but a trial by jury is provided for, and an appeal allowed from the Common Pleas to the Supreme Judicial Court. In 1835, the right of appeal, from the former to the latter Court, was taken away ; and it became the policy of the law to allow but one trial in a civil suit,…
2Cited by1 opinion
- Eaton v. HackettSupreme Judicial Court of Maine · 1976