Joyce v. Dyer

This is a petition for partition. After a trial in the Superior Court without a jury, an interlocutory judgment was ordered for the petitioner, and the case is before us on exceptions taken by the respondent Lewis Dyer. The appeal *65taken by him is not pressed. The petitioner contends that since no final judgment has been'entered the exceptions should not now be heard, but it has been settled that in a proceeding like this the exceptions may be heard although there has been no final judgment. Lowd v. Brigham, 154 Mass. 107.

The record title to the fractional part claimed by the petitioner is in…