Hunnewell v. Taylor
Massachusetts Supreme Judicial Court
Petition for partition of a lot of land on Washington Street in Boston, originally filed against George A. Taylor alone, alleging that the parties were each seized of an undivided half thereof.
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Petition for partition of a lot of land on Washington Street in Boston, originally filed against George A. Taylor alone, alleging that the parties were each seized of an undivided half thereof. George A. Taylor pleaded that the petitioner was not seized of an undivided half of the whole of the estate, but that of a portion thereof (described) the petitioner was seized of six .undivided sixteenths, the respondent of seven undivided sixteenths, and three other persons named of one undivided sixteenth each. And so the court held at March term 1853. The petitioner then amended his petition, by…
1Opinion of the CourtMetcalf, J.
The question now raised is this: Can a petitioner, who holds two parcels of land in different proportions, one as co-tenant with A, and the other as co-tenant with A, B and C, have judgment for partition of both, on one petition? And we have no doubt that he cannot. Nor could he, even if he owned the same proportional part in each parcel. If he holds, with the same co-tenant or co-tenants, different parcels, in different proportions—as half of one and two thirds of another —he may have partition of both on one petition. Halton v. Earl of Thanet, 2 W. Bl. 1134, 1159. In such a case there would…
2Cases cited1 opinion
- Brownell v. BradleySupreme Court of Vermont · 1844
3Cited by1 opinion
- Middelcoff v. CroniseCalifornia Supreme Court · 1909