Hawes v. Nason
Supreme Judicial Court of Maine
On exceptions by Herbert W. Hawes, petitioner. This is a petition for partition of certain real estate dated March 18, 1913, by Herbert W. Hawes, against Charles E. Nason, Jesse H. Nason and Carrie F. Nason. The real estate of which partition is sought was owned in common and undivided between said Charles E. Nason, Jesse H. Nason and Carrie F. Nason.
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On exceptions by Herbert W. Hawes, petitioner. This is a petition for partition of certain real estate dated March 18, 1913, by Herbert W. Hawes, against Charles E. Nason, Jesse H. Nason and Carrie F. Nason. The real estate of which partition is sought was owned in common and undivided between said Charles E. Nason, Jesse H. Nason and Carrie F. Nason. On the 22d day of January, 1913, all the right, title and interest, which the said Jesse H. Nason had in and to said undivided premises, was sold on execution at a sheriff’s sale to the petitioner, Herbert W. Hawes. Jesse H. Nason, at the April…
1Opinion of the CourtCornish, J.
The question involved in this case is whether under the statutes of this State a judgment creditor who has received a *194sheriff’s deed under execution sale of real estate, held by his debtor in common with third persons, can maintain a petition for partition of the estate against such third persons, until after the expiration of one year within which the debtor may redeem.
In our opinion he cannot.
The statute provisions are as follows:
“Persons seized or having a right of entry into real estate in fee simple or for life, as tenants in common or joint tenants, may be compelled to divide the same…
2Cases cited3 opinions
- Willington v. GaleMassachusetts Supreme Judicial Court · 1810
- Nichols v. NicholsSupreme Court of Vermont · 1856
- Norcross v. NorcrossMassachusetts Supreme Judicial Court · 1870
3Cited by3 opinions
- Jordan v. WalkerSupreme Court of Alabama · 1917
- Lambert v. AllardSupreme Judicial Court of Maine · 1927
- West v. KernTennessee Supreme Court · 1931