Whitton v. Whitton
Supreme Court of New Hampshire
The complainant, Daniel Whitton, in his bill alleges that Jesse Whitton, his father, now deceased, was seized in fee of one undivided half of a farm in Wolf borough, bounded, &c., in common with his other son, Jesse Whit-ton, Jr., now deceased, who was seized of the other half thereof in fee; and said Jesse and Jesse, Jr. occupied the same as tenants in common, to the death of Jesse, Jr., December 9, 1854. Jesse Whitton, Jr., devised to his son, Joseph J. Whit-ton, his part…
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The complainant, Daniel Whitton, in his bill alleges that Jesse Whitton, his father, now deceased, was seized in fee of one undivided half of a farm in Wolf borough, bounded, &c., in common with his other son, Jesse Whit-ton, Jr., now deceased, who was seized of the other half thereof in fee; and said Jesse and Jesse, Jr. occupied the same as tenants in common, to the death of Jesse, Jr., December 9, 1854. Jesse Whitton, Jr., devised to his son, Joseph J. Whit-ton, his part of a certain field in the north-west corner of said farm, containing three acres, and the remainder of his pai't of said…
1Opinion of the CourtBell, J.
One tenant in common cannot, as against his co-Tenants, convey a part of the common property in severalty by metes and bounds, or even an undivided share of such part. Jeffers v. Radcliffe, 10 N. H. 246; Great Falls Co. v. Worcester, 15 N. H. 449. And a levy upon the co-tenant’s interest in a part of the land held in common would be equally void against the other co-tenants. Peabody v. Minot, 24 Pick. 332; Blossom v. Brightman, 21 Pick. 284; Smith v. Benson, 9 Vt. 140; Starr v. Leavitt, and Hinman v. Leavenworth, 2 Conn. 143, and note; Thompson v. Barber, 12 N. H. 563. The reason is obvious.…
2Cases cited5 opinions
- Livingston v. TompkinsNew York Court of Chancery · 1820
- Fitch v. AyerSupreme Court of Connecticut · 1817
- Harwood v. KirbyNew York Court of Chancery · 1829
- Sebring v. MersereauCourt for the Trial of Impeachments and Correction of Errors · 1827
- Clough v. HoffmanNew York Supreme Court · 1830
3Cited by1 opinion
- Elmore v. ElmoreSupreme Court of Florida · 1957