Hoag v. Hoag
Massachusetts Supreme Judicial Court
Petition for partition, filed in the Superior Court on December 18, 1911, praying for an order of sale of the real estate in question under the provisions of R. L. c. 184, § 47. The respondent filed an answer in abatement, and also a general answer not waiving the answer in abatement, alleging in both that the petitioner and the respondent were husband and wife, annexing a copy of the deed of the real estate in question to the petitioner and the respondent, described therein…
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Petition for partition, filed in the Superior Court on December 18, 1911, praying for an order of sale of the real estate in question under the provisions of R. L. c. 184, § 47. The respondent filed an answer in abatement, and also a general answer not waiving the answer in abatement, alleging in both that the petitioner and the respondent were husband and wife, annexing a copy of the deed of the real estate in question to the petitioner and the respondent, described therein as husband and wife, dated November 27, 1893, containing the habendum clause which is quoted in the opinion, and…
1Opinion of the CourtHammond, J.
The only question is whether under the deed from McKnight and Churchill the grantees, being then husband and wife, took an estate by entirety. If they did, then the petition should be dismissed; otherwise, there should be partition.
At common law, “if an estate be given to a plurality of persons, without adding any restrictive, exclusive, or explanatory words, as if an estate be granted to A and B and their heirs, this makes them immediately joint tenants in fee of the lands.” 2 Bl. Com. 180. But where in a deed to two or more persons there was express language indicating that joint tenancy…
2Cases cited6 opinions
- Pray v. StebbinsMassachusetts Supreme Judicial Court · 1886
- Shaw v. HearseyMassachusetts Supreme Judicial Court · 1809
- Appleton v. BoydMassachusetts Supreme Judicial Court · 1810
- Hayward v. CainMassachusetts Supreme Judicial Court · 1872
- Morris v. McCartyMassachusetts Supreme Judicial Court · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Pineo v. WhiteMassachusetts Supreme Judicial Court · 1946
- Bernatavicius v. BernataviciusMassachusetts Supreme Judicial Court · 1927
- Franz v. FranzMassachusetts Supreme Judicial Court · 1941
- Licker v. GluskinMassachusetts Supreme Judicial Court · 1929
- Splaine v. MorrisseyMassachusetts Supreme Judicial Court · 1933
34 more not listed; retrieve them via the Exa API.