Hunnewell v. Taylor
Massachusetts Supreme Judicial Court
This was a petition for partition, in which the petitioner alleged, that he was seized and possessed of an undivided half of certain premises on Washington street, in Boston, as a tenant in common with the respondents, and prayed that his half might be set off to him in severalty.
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This was a petition for partition, in which the petitioner alleged, that he was seized and possessed of an undivided half of certain premises on Washington street, in Boston, as a tenant in common with the respondents, and prayed that his half might be set off to him in severalty. The respondent, Taylor, filed a specification of defence, the first ground of which was, that the petitioner, at the time of preferring his petition, had not an estate in the premises in possession, but only in reversion. He also specified other grounds of defence, which are not necessary to be stated; as the…
1Opinion of the CourtFletcher, J.
The deed of John Welles to the petitioner was, of course, only a conveyance to him of the reversion of the grantor’s undivided half, after the expiration of the leases for years, which had then about two years and seven months to run, and under which all the premises in question were held and occupied by tenants.
It is now maintained by the respondents, that the petition cannot be maintained, because the petitioner, at the time of preferring his petition, had not an estate in the premises in possession but only in reversion. Tb maintain this position, the respondents rely upon the Rev. Sts. c.…
2Cases cited2 opinions
- Wells v. PrinceMassachusetts Supreme Judicial Court · 1813
- Barnard v. PopeMassachusetts Supreme Judicial Court · 1817
3Cited by1 opinion
- Taft v. WardMassachusetts Supreme Judicial Court · 1871