Adam v. Ames Iron Co.
Supreme Court of Connecticut
This was a bill brought to the superior court for the county of Litchfield, by John Adam, against the Ames Iron Company and others, alleging that the plaintiff was tenant in common in fee simple with the defendants, of a certain tract of land, situated in the town of Salisbury, in said county, the plaintiff' owning five undivided eighths thereof, and the defendants the remainder, and praying for a partition of said premises among the several owners of the same.
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This was a bill brought to the superior court for the county of Litchfield, by John Adam, against the Ames Iron Company and others, alleging that the plaintiff was tenant in common in fee simple with the defendants, of a certain tract of land, situated in the town of Salisbury, in said county, the plaintiff' owning five undivided eighths thereof, and the defendants the remainder, and praying for a partition of said premises among the several owners of the same. To this bill, the Ames Iron Company, and Horatio Ames, one of the defendants, filed an answer, alleging, among other matters, that…
1Opinion of the CourtStorrs, J.
We do not consider it necessary to examine the question as to the title to the premises sought to be aparted, which has been raised before us, because we are of opinion that this bill should be dismissed, on the ground that, when it was brought, the plaintiff was not in possession óf said premises.
It was an established rule of the common law, by which the writ of partition would lie only between coparceners, that the plaintiff must be in possession, or seized, of the land when the writ was brought. Co. Lit., 167, a; and since the remedy by partition has been extended to joint tenants, and…
2Cited by12 opinions
- Penfield v. JarvisSupreme Court of Connecticut · 1978
- Lambert v. BlumenthalSupreme Court of Missouri · 1858
- Sanders v. DevereuxCourt of Appeals for the Eighth Circuit · 1894
- Struzinski v. StruzinskySupreme Court of Connecticut · 1947
- Denton v. FyfeSupreme Court of Kansas · 1902
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