Allen v. Hall
Supreme Judicial Court of Maine
Exceptions from the ruling of Appleton, J. This was a petition eor partition, in which the petitioner prayed to have set off to him, to hold in severalty, one-tenth part of the premises described in his petition, (a tract of land in St. George of about 150 acres,) which he claimed in fee simple, and four-tenths of the same premises, for the life of one Mason. The said Hall, and persons unknown, were alleged in the petition to be co-tenants.
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Exceptions from the ruling of Appleton, J. This was a petition eor partition, in which the petitioner prayed to have set off to him, to hold in severalty, one-tenth part of the premises described in his petition, (a tract of land in St. George of about 150 acres,) which he claimed in fee simple, and four-tenths of the same premises, for the life of one Mason. The said Hall, and persons unknown, were alleged in the petition to be co-tenants. The said Hall appeared; and at the October term, .1858, the petitioner recovered judgment for partition, and commissioners were appointed to make…
1Opinion of the Court
The opinion of the Court was drawn up by
Davis, J.
In England, a person having an interest in *263lands as a joint tenant, or a tenant in common, may compel a partition by a bill in equity, or by a writ of partition at common law. The same remedies obtain in this country, in those States where the courts have general equity jurisdiction. 4 Kent’s Com., 364. But there are serious difficulties attending both of these remedies. If there is any doubt about the legal title, a bill in equity cannot be maintained until that title is determined by a suit at law. Cartwright v. Pultney, 2 Atk., 380; Wilkin…
2Cases cited2 opinions
- Cook v. AllenMassachusetts Supreme Judicial Court · 1807
- Mitchell v. StarbuckMassachusetts Supreme Judicial Court · 1813
3Cited by2 opinions
- Libby v. LorrainSupreme Judicial Court of Maine · 1981
- Morse v. MorseSupreme Judicial Court of Maine · 1954