Wilson v. Lank
Orphan's Court of Delaware
Petition for Partition. In this partition cause wherein there are three tenants in common together entitled to three parcels of land as remaindermen on the termination of a life estate, the respondent, J. Clarence Lank, filed a cross petition claiming that he lived with his mother, the life tenant, during her tenancy and made certain designated additions and improvements to tract number one, which were necessary, substantial, permanent and useful, made in good faith, and not…
Read the full summary
Petition for Partition. In this partition cause wherein there are three tenants in common together entitled to three parcels of land as remaindermen on the termination of a life estate, the respondent, J. Clarence Lank, filed a cross petition claiming that he lived with his mother, the life tenant, during her tenancy and made certain designated additions and improvements to tract number one, which were necessary, substantial, permanent and useful, made in good faith, and not made for the purpose of ornamentation, or to embarrass, encumber or hinder the other co-tenants respecting the…
1Opinion of the CourtCurtis, P. J.
(after making foregoing statement, delivering the opinion of the Court):
It is not necessary at this time to do more than decide as to the jurisdiction of the Court to adjudicate the rights of the parties, and to indicate the procedure to be used for the purpose.
Partition of land among tenants in common is an ancient part of the jurisdiction of Courts of Chancery, independent of statutes, and this is true in Delaware. Bradford v. Robinson, 7 Houst. 29, 30 Atl. 670. For many years partition between tenants in common in Chancery was regulated as to procedure by statute, and partition between…
2Cases cited2 opinions
- Bradford v. RobinsonSupreme Court of Delaware · 1884
- Warner v. Logue Realty Co.Orphan's Court of Delaware · 1917
3Cited by11 opinions
- In Re the Real Estate of CochranSuperior Court of Delaware · 1949
- Whitehead v. WhiteheadOrphan's Court of Delaware · 1935
- Deakyne v. Lewes Anglers, Inc.District Court, D. Delaware · 1962
- Haas v. HaasDistrict Court, D. Delaware · 1958
- Bingham v. WilsonCourt of Appeals for the Second Circuit · 1928
6 more not listed; retrieve them via the Exa API.