Norcross v. Norcross
Massachusetts Supreme Judicial Court
Petition for partition of land in Royalston. The case was submitted to the court on facts agreed, the material parts of which are stated in the opinion; the petitioner to have judgment if Christopher C. Alger could properly be treated as a tenant in common of the land in her levy of an execution thereon ; otherwise, judgment to be for the respondent.
1Opinion of the CourtChapman, C. J.
It appears that the petitioner, having an execution against the respondent, levied it upon the real estate in question on May 27, 1858. The appraisers recite that the respondent owns the land in common with Christopher C. Alger; they appraise the whole at $500, and the share of the respondent at $250; and they certify that, as the same cannot be divided without damage to the whole, and is more than sufficient to satisfy the execution, they appraise at $203.07, and set off that part to the petitioner in satisfaction of her execution.
*266At that time the respondent’s title stood as follows: By deed…
2Cited by5 opinions
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