Collamer v. Hutchins
Supreme Court of Vermont
Partition of real estate. Jurisdiction. Petition eor partition in pursuance of cliapt. 43 of the Compiled Statutes. Leander Hutchins, one of the petitionees, plead to the jurisdiction, averring that a portion of the premises described in the petition was owned and possessed in fee by one William Hutchins, in his lifetime, and that he died so seized and possessed thereof, leaving six children, his heirs-at-law, one of whom was the said Leander, to whom said estate descended…
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Partition of real estate. Jurisdiction. Petition eor partition in pursuance of cliapt. 43 of the Compiled Statutes. Leander Hutchins, one of the petitionees, plead to the jurisdiction, averring that a portion of the premises described in the petition was owned and possessed in fee by one William Hutchins, in his lifetime, and that he died so seized and possessed thereof, leaving six children, his heirs-at-law, one of whom was the said Leander, to whom said estate descended in equal proportions, the said William Hutchins having died intestate; — that all the rest and residue of said premises…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
This petition was dismissed for want of jurisdiction, and the only question is, had the county court jurisdiction to entertain this proceeding ? The statute in relation to the partition of real estate, Comp. Laws, page 300, section 1st, enacts “ that any “ person having or holding real estate with others, as joint tenants, “ tenants in common or coparceners may have partition thereof in “ the manner hereinafter provided.” The second section enacts that such person may apply to the county court, praying for a partition of any real estate so…
2Cited by1 opinion
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