Mitchell v. Starbuck
Massachusetts Supreme Judicial Court
This was a petition for partition, in which the petitioners allege that they are seised in fee, and as tenants in common, of the undivided lands in the Island of Nantucket, which they state to consist of about 19,440 acres of land, and to constitute the whole of said island, except such parts thereof as have heretofore been [ * 6 ] assigned to sundry * persons in severalty, and except alsc a part of the island, known by the name of Quaise.
Read the full summary
This was a petition for partition, in which the petitioners allege that they are seised in fee, and as tenants in common, of the undivided lands in the Island of Nantucket, which they state to consist of about 19,440 acres of land, and to constitute the whole of said island, except such parts thereof as have heretofore been [ * 6 ] assigned to sundry * persons in severalty, and except alsc a part of the island, known by the name of Quaise. The petitioners then set forth the several shares or purparties, of which they claim to be seised, in common with the said StarbncJc, and others named in…
1Opinion of the Court
By the Court.
The question brought before us by this plea in *18abatement is, whether the death of one of the tenants in common, who has had an opportunity to come in and answer, and has failed so to do, shall abate the petition.
Upon a writ of partition at common law, on which partition is made amongst all the tenants, as well plaintiffs as defendants, the death of any one of the parties abates the writ, if it take place before the interlocutory judgment be rendered. (b) But this rule of the common law does not apply to the case before us. The deceased had opportunity to appear, if he had chosen…
2Cases cited7 opinions
- Gayetty v. BethuneMassachusetts Supreme Judicial Court · 1817
- Carson v. BlazerSupreme Court of Pennsylvania · 1810
- Chambers v. FurrySupreme Court of Pennsylvania · 1792
- Spear v. BicknellMassachusetts Supreme Judicial Court · 1809
- Scovil v. KennedySupreme Court of Connecticut · 1841
2 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Roberts v. JonesMassachusetts Supreme Judicial Court · 1940
- Wells v. WhiteheadNew York Supreme Court · 1836
- Hardy v. JaeckleMassachusetts Supreme Judicial Court · 1976
- Proprietors of Pasture v. Inhabitants of IpswichMassachusetts Supreme Judicial Court · 1891
- Coffin v. LawrenceMassachusetts Supreme Judicial Court · 1886
15 more not listed; retrieve them via the Exa API.