Ware v. Hunnewell
Supreme Judicial Court of Maine
Ware and seven others petitioned to this Court, and represented that they were owners in common and undivided, with persons unknown to them, of seven twenty-fourths of one township, and of forty-nine one hundred and ninety-second parts of another; and prayed that the portions claimed by them in those townships might be severed from the other owners, and be set off to them, that they might hold those portions “ in common and undivided with themselves.”
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Ware and seven others petitioned to this Court, and represented that they were owners in common and undivided, with persons unknown to them, of seven twenty-fourths of one township, and of forty-nine one hundred and ninety-second parts of another; and prayed that the portions claimed by them in those townships might be severed from the other owners, and be set off to them, that they might hold those portions “ in common and undivided with themselves.” After the publication of a notice in the newspaper published by the printer for the State, and no persons appearing to object, partition was…
1Opinion of the Court
The opinion of the Court was by
Emery J.
Four individuals, professing tobe interested in the tract of which partition is intended, appear and resist the acceptance of the report of the commissioners. These owners *293have presented fifteen objections. Of this number, the thirteenth is not pressed. The eleventh objection, that the commissioners did not give due notice to all concerned that were known and within the State, before the partition was made, that they might be present at the time, is of a very serious character.
We may safely premise, that partition of a new township, intended to be…
2Cases cited1 opinion
- Inhabitants of Groton v. Inhabitants of LancasterMassachusetts Supreme Judicial Court · 1819
3Cited by1 opinion
- Morse v. MorseSupreme Judicial Court of Maine · 1954