Marks v. Sewall
Massachusetts Supreme Judicial Court
Appeal by David L. Marks from the decree of the Probate Court accepting the report of the commissioners appointed to make partition of the real estate of Moses B. Sewall, deceased, and confirming and establishing the partition.
Read the full summary
Appeal by David L. Marks from the decree of the Probate Court accepting the report of the commissioners appointed to make partition of the real estate of Moses B. Sewall, deceased, and confirming and establishing the partition. At the hearing, before Morton, J., it appeared that Moses B. Sewall died in March, 1872, seised of the following among other parcels of real estate: A lot of vacant land on High Street, Boston, containing 4875 square feet, valued at 197,500, and a lot of land with buildings thereon on Monument Avenue, Charles-town, containing 3177 square feet, valued at $12,500. Sewall…
1Opinion of the CourtDeters, J.
It is conceded, as a general proposition, that a tenant in common, as against his co-tenants, cannot convey his interest in a specified parcel of the lands held in common. Adam v. Briggs Iron Co. 7 Cush. 361, and authorities cited. It is, however, argued that, as when the conveyance was made by Charles H. Sewall, it purported to convey his interest in the High Street estate, which was all the land then lying in the county of Suffolk, and that as it was then in the power of the judge of probate to have issued a separate warrant and caused a separate partition to have been made of the lands…
2Cited by6 opinions
- Barnes v. LynchMassachusetts Supreme Judicial Court · 1890
- Curtiss v. Inhabitants of SheffieldMassachusetts Supreme Judicial Court · 1913
- Barnes v. BoardmanMassachusetts Supreme Judicial Court · 1892
- Delta Materials Corp. v. BagdonMassachusetts Appeals Court · 1992
- Waterloo, Cedar Falls & Northern Railway Co. v. HarrisSupreme Court of Iowa · 1917
1 more not listed; retrieve them via the Exa API.