Hurley v. Hurley

This is a petition for partition. In 1870, the petitioner, Thomas Hurley, inherited one undivided half of the premises from his mother, subject to his father’s tenancy by the curtesy. On November 14, 1879, the father died, and the other half, which had belonged to him under a separate conveyance, descended to the petitioner and the respondents, two sons of the father by a former'wife. On September 8, 1879, before the father’s death, the premises were sold for taxes to one Capen. On December 6, 1880, the respondent, Daniel T. Hurley, paid Capen the amount necessary to redeem the premises, and…