Barnes v. Boardman
Massachusetts Supreme Judicial Court
Petition for partition of three parcels of land in Lawrence. The case was submitted to the Superior Court, and, after judgment for the respondents, to this court, on appeal, upon agreed facts, the material parts of which appear in the opinion.
1Opinion of the CourtKnowlton, J.
The petitionei’s are tenants in common of the land described in their petition, and they are entitled to partition unless the previous proceedings are a bar.
The conveyances made by Benjamin G. Boardman, Jr., one of the tenants in common, purporting to give a good title in severalty to particular parts of the land, cannot affect the rights of these petitioners. It has repeatedly been held that a conveyance by one tenant in common of a portion of an estate by metes and bounds is void as against his cotenants, although it may, after a partition, operate by way of estoppel between the parties to…
2Cases cited7 opinions
- Watson v. WatsonMassachusetts Supreme Judicial Court · 1880
- Barnes v. BoardmanMassachusetts Supreme Judicial Court · 1889
- Varnum v. AbbotMassachusetts Supreme Judicial Court · 1815
- Graves v. GoldthwaitMassachusetts Supreme Judicial Court · 1891
- Tainter v. ColeMassachusetts Supreme Judicial Court · 1876
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Fowler v. WoodSupreme Court of Kansas · 1906
- Hazen v. WebbSupreme Court of Kansas · 1902
- Cowden v. CuttingMassachusetts Supreme Judicial Court · 1959
- Grady v. MalosoWisconsin Supreme Court · 1896
- Cressey v. CresseyMassachusetts Supreme Judicial Court · 1913
4 more not listed; retrieve them via the Exa API.