Husband v. Aldrich

The plaintiff, a tenant in common of land, seeks partition thereof in equity. The plaintiff’s husband built a house upon a part of the land, and the plaintiff seeks by this bill to have that part assigned to her, without including the value of the building in the partition. The Gen. Sts. c. 136, § 1, which reenacted earlier statutes, — Rev. Sts. c. 103; Sts. 1783, c. 41; 1785, c. 62, § 2;—provided that “persons holding lands as joint tenants, coparceners, or tenants in common, may be compelled to divide the same, either by writ of partition at the common law or in the manner provided in this…