Conant v. Smith
Supreme Court of Vermont
THIS was a case of petition for partition, brought under the act, entitled ‘4An act, for the partition of real estate, in certain cases.”* The petitioners set forth in their petition, that they were the owners, in fee simple, of fifteen sixteenths, and the petitionees; of one sixteenth of a certain tract of land in Brandon, containing an ore-bed, as tenants in common — and that they were desirous of holding and enjoying their portion thereof in severalty.
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THIS was a case of petition for partition, brought under the act, entitled ‘4An act, for the partition of real estate, in certain cases.”* The petitioners set forth in their petition, that they were the owners, in fee simple, of fifteen sixteenths, and the petitionees; of one sixteenth of a certain tract of land in Brandon, containing an ore-bed, as tenants in common — and that they were desirous of holding and enjoying their portion thereof in severalty. They further represented, that the said tract could not be divided, without great inconvenience to the parties interested, (the chief value…
1Opinion of the Court
The opinion of the Court was delivered by
Royce, J.
This is a petition for partition of a small piece of land, the value of which consists chiefly in an ore-bed, which for several years has been known to exist in a part of the tract. A suggestion is made, that it may be difficult to divide the bed to advantage; and the scope and design of the petition seems rather to obtain an assignment of the defendants’ share, than an actual division of the estate. The situation and quality of this property is such as to justify the Court in declining to order a partition, or sale. The exact extent of the…
2Cited by3 opinions
- Lenfers v. HenkeIllinois Supreme Court · 1874
- Hunt v. WrightSupreme Court of New Hampshire · 1867
- Kemble v. KembleNew Jersey Court of Chancery · 1888