Jenks v. Howland
Massachusetts Supreme Judicial Court
Petition to the probate court, for partition of land in Adams, of which the petitioner owned one undivided twelfth part.
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Petition to the probate court, for partition of land in Adams, of which the petitioner owned one undivided twelfth part. In that court, the petitioner, by leave of the judge, filed an amendment of his petition, in which he represented that he had been informed that the court, at a former term, had decreed that partition of the estate should be made, and had appointed commissioners, and had accepted and confirmed their return, as a partition; and that said proceedings were void, and not binding on this petitioner; and he therefore prayed that they might be set aside, so far as he was…
1Opinion of the CourtThomas, J.
The share assigned, on the former partition, to *537those tenants in common whose title is now in the plaintiff, being of less value than the shares set off to the other owners, the commissioners, under the provisions of Rev. Sts. c. 103, § 57, awarded a sum of money to make the partition just and equal. The statutes provide that, in such case, “ the partition shall not be established by the court, until all the sums so awarded shall be paid to the parties entitled thereto, or secured to their satisfaction, or that of the court before which the matter is pending.” St. 1850, c. 239. As the sum so…
2Cases cited5 opinions
- Smith v. RiceMassachusetts Supreme Judicial Court · 1814
- Inhabitants of Hanover v. TurnerMassachusetts Supreme Judicial Court · 1817
- Wales v. WillardMassachusetts Supreme Judicial Court · 1806
- Hunt v. HapgoodMassachusetts Supreme Judicial Court · 1808
- Newhall v. SadlerMassachusetts Supreme Judicial Court · 1819