Baldwin v. Aldrich
Supreme Court of Vermont
Petition eor Partition. The petition set forth that the plaintiff and defendant were tenants in common of certain real estate in Bradford, which was described in the petition ; that they owned each one equal undivided half thereof; and that the parties could not agree on the division of the same, and the petitioner prayed the court to appoint commissioners so examine and order partition of the same, or in case the premises should be deemed indivisible, to award accordingly…
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Petition eor Partition. The petition set forth that the plaintiff and defendant were tenants in common of certain real estate in Bradford, which was described in the petition ; that they owned each one equal undivided half thereof; and that the parties could not agree on the division of the same, and the petitioner prayed the court to appoint commissioners so examine and order partition of the same, or in case the premises should be deemed indivisible, to award accordingly as provided by the statute in such cases. The defendant pleaded, first, that the premises were not partible ; secondly,…
1Opinion of the CourtAldis, J.
I. The first and third pleas are demurred to4
The first plea states the premises are not partible. The petition prays, first, for partition, and, second, if not partible, that the premises may be assigned or sold pursuant to the statute. Hence a plea merely that they are not partible is no sufficient defence to the petition. The third plea states that the petitioner has not been hindered in his enjoyment of his share of the premises. Is that a good defence ? The plea is drawn upon the basis and after the form in 1 Aikens.
In Brown v. Turner et al., 1 Aik. 350, the petitioner prayed for a…
2Cases cited4 opinions
- Nichols v. NicholsSupreme Court of Vermont · 1856
- Hall v. ChaffeeSupreme Court of Vermont · 1841
- Howe v. BlandenSupreme Court of Vermont · 1849
- Brown v. TurnerSupreme Court of Vermont · 1826