Webster v. Potter
Massachusetts Supreme Judicial Court
Petition for partition of “ a dwelling-house, and land beneath the same, and the appurtenances thereof ” in Taunton, the petitioners claiming one half part thereof.
Read the full summary
Petition for partition of “ a dwelling-house, and land beneath the same, and the appurtenances thereof ” in Taunton, the petitioners claiming one half part thereof. The case was submitted to the judgment of the court on a statement of facts, of which the following are all that are material: Sarah Howland and Dinah Potter became entitled to the land whereon the dwelling-house stood, in equal shares as tenants in common, in 1831. Sarah Howland in 1846 devised her interest in the land to Charlotte Franswar, then, and for a long time previous, wife of Francillo Franswar, and to whom issue had…
1Opinion of the CourtMorton, J.
The plaintiffs’ title is derived from Charlotte Franswar under a deed dated December 8,1868. It appears that prior to November 21,1860, the said Charlotte and the defendant were owners, as tenants in common, of a large tract of land, including the land in question. Although Francillo Franswar, the husband of Charlotte, had paid a portion of the cost of building the house then on the land, he had no legal interest therein, because he could not make, and the law would not imply, any agreement with his wife for separate ownership. Washburn v. Sproat, 16 Mass. 449. Howard v. Fessenden, 14 Allen,…
2Cases cited5 opinions
- Poor v. OakmanMassachusetts Supreme Judicial Court · 1870
- Washburn v. SproatMassachusetts Supreme Judicial Court · 1820
- Esty v. CurrierMassachusetts Supreme Judicial Court · 1868
- Gregory's v. Trustees of Shelby CollegeCourt of Appeals of Kentucky · 1859
- Oakman v. Dorchester Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1867
3Cited by10 opinions
- Ansin v. TaylorMassachusetts Supreme Judicial Court · 1928
- Westgate v. WixonMassachusetts Supreme Judicial Court · 1880
- Meeker v. OszustMassachusetts Supreme Judicial Court · 1940
- Board of Education v. StateSupreme Court of Kansas · 1902
- MinotMassachusetts Supreme Judicial Court · 1895
5 more not listed; retrieve them via the Exa API.