Lowd v. Brigham
Massachusetts Supreme Judicial Court
Petition for partition of a parcel of land in Marlborough, originally filed and amended in the Probate Court, and thence removed to the Superior Court under the Pub. Sts. c. 178, § 46, alleging that the estate could not be advantageously divided, and praying that commissioners be appointed to make partition thereof by a sale and conveyance, and to pay over the proceeds of the sale in such manner as to make the partition just and equal.
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Petition for partition of a parcel of land in Marlborough, originally filed and amended in the Probate Court, and thence removed to the Superior Court under the Pub. Sts. c. 178, § 46, alleging that the estate could not be advantageously divided, and praying that commissioners be appointed to make partition thereof by a sale and conveyance, and to pay over the proceeds of the sale in such manner as to make the partition just and equal. At the trial in the Superior Court, without a jury, Hammond, J. found that “the petitioner is entitled to have partition as prayed for in her amended petition…
1Opinion of the CourtField, C. J.
This is a petition for partition, originally "brought in the Probate Court, from which it was removed to the Superior Court, pursuant to the Pub. Sts. c. 178, § 46. The petition was tried in the Superior Court before a judge, without a jury, and the court found that “ the petitioner is entitled to have partition as prayed for in her amended petition as to all the land described in said amended petition.” Exceptions were taken to the rulings of the court at the trial, which have been allowed. These exceptions were entered upon the docket of the full court, and the question arose whether they…
2Cases cited10 opinions
- Brabrook v. Boston Five Cents Savings BankMassachusetts Supreme Judicial Court · 1870
- Howe v. HoweMassachusetts Supreme Judicial Court · 1868
- Terry v. BrightmanMassachusetts Supreme Judicial Court · 1882
- Safford v. KnightMassachusetts Supreme Judicial Court · 1875
- Boyce v. WheelerMassachusetts Supreme Judicial Court · 1882
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3Cited by20 opinions
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