Tabler v. Wiseman
Ohio Supreme Court
This is a writ of certiorari to the court of common pleas of Fair-field county. *The proceedings in the court below were on a petition for partition. The facts, proceedings, and questions sufficiently appear in the opinion of the court.
1Opinion of the CourtRanney, J.
It appears from the petition that John Manly died seized of the tract of land of -which partition was sought; the whole of which was assigned to his widow as her dower, who was still alive when these proceedings were had. The parties to the suit are his heirs at law, and the question is, can partition be had during the continuance of her life estate ? The court below held that it mig’ht, and as the lands could not be divided, aud one of the heirs elected to take the same at the appraised value, the court confirmed the election so made, and ordered a deed to be made upon payment of the…
2Cases cited5 opinions
- Brownell v. BrownellNew York Supreme Court · 1838
- Wells v. PrinceMassachusetts Supreme Judicial Court · 1813
- G. H. & E. Striker v. MottNew York Court of Chancery · 1831
- O'Dougherty v. AldrichNew York Supreme Court · 1848
- Wood v. CluteNew York Court of Chancery · 1843