Baldwin v. Breed
Supreme Court of Connecticut
This was a writ of partition, in which the plaintiffs demanded, that the defendants should apart, divide and set out to them, one moiety or half part of a certain tract of land, containing about 40 rods, with one-half of a dwelling-house and barn, and the whole of a certain store, thereon, lying in Stonington borough, in the town of Stonington, bounded, &c.
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This was a writ of partition, in which the plaintiffs demanded, that the defendants should apart, divide and set out to them, one moiety or half part of a certain tract of land, containing about 40 rods, with one-half of a dwelling-house and barn, and the whole of a certain store, thereon, lying in Stonington borough, in the town of Stonington, bounded, &c. The declaration alleged, that the plaintiffs and defendants held said tract of land together and undivided, as tenants in common, in such manner and proportion that it belonged to the plaintiffs to have and to hold in severalty one half…
1Opinion of the Court
Williams, Ch. J.
This was a writ of partition, in which the plaintiffs claimed, that they and the defendants were equal owners of the land described, and the buildings, except a store, thereon, which, they aver, belongs to them in severalty. The defendants plead, that they do not hold in manner and form, &c.; and a verdict is found for the plaintiffs.
The motion shows, that it was proved and admitted, that Hancox, under whom the defendants claim, and Wright, under whom the plaintiffs claim, were tenants in common of the land claimed to be aparted; and that Wright erected the store upon the…
2Cases cited4 opinions
- Walker v. ShermanNew York Supreme Court · 1839
- Wells v. BanisterMassachusetts Supreme Judicial Court · 1808
- Lyle v. DucombSupreme Court of Pennsylvania · 1813
- Washburn v. SproatMassachusetts Supreme Judicial Court · 1820
3Cited by8 opinions
- Vesce v. LeeSupreme Court of Connecticut · 1981
- Landon v. PlattSupreme Court of Connecticut · 1868
- Neumann v. NeumannSupreme Court of Connecticut · 1947
- Berbos v. KrageSouth Dakota Supreme Court · 2008
- Husted's Appeal from ProbateSupreme Court of Connecticut · 1868
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