Atkins v. Bean
Massachusetts Supreme Judicial Court
This was a petition for partition, in which the said John alleges that he is seised of one eighth part of the * premises therein described, in common with the respondents, and prays to have the same set off to him in severalty. 0 The cause was submitted to the decision of the Court upon the following facts agreed by the parties : —
1Per curiam
Cyrus Bean had, by virtue of his father’s will, a vested remainder in the estate ; his mother having only a life estate, with a power to sell in fee; which being never executed, the remainder was not disturbed ; and this estate was liable to extent by execution for the debts of Cyrus. (4)
The levy upon the debtor’s undivided estate in common is good, and the estate sufficiently described. The error in the proportion owned by the debtor produces no mischief, as it comprehends the whole of his interest. The levy is good for an eighth, although it purports to be of a seventh. The mistake…
2Cases cited1 opinion
- Prentiss v. SavageMassachusetts Supreme Judicial Court · 1816
3Cited by12 opinions
- Streaper v. FisherSupreme Court of Pennsylvania · 1829
- Arzbacher v. MayerWisconsin Supreme Court · 1881
- Baker v. BakerMassachusetts Supreme Judicial Court · 1878
- Bartlet v. HarlowMassachusetts Supreme Judicial Court · 1815
- Moore v. RichardsonSupreme Judicial Court of Maine · 1854
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