Updike v. Adams

This is a bill in equity for the partition of real estate owned by the parties to the bill as tenants in common. It is before us on bill and answer.

Two points are made by the respondents’ answer by way of defence to the bill, namely: (1) That the Peoples Savings Bank, which holds a mortgage on the entire estate, should be made a party ; and (2) that partition should not be made, as prayed, because it would work a hardship on the respondents.(1) As to the first point, it seems to be well settled that, in the absence of some statutory requirement, an incumbrancer whose lien extends over the…