Duncan v. Sylvester
Supreme Judicial Court of Maine
This was a petition for partition, wherein the petitioner claimed an undivided moiety of the land described in the petition, by virtue of a conveyance to him by Abner Knight, by deed dated July 19, 1819, conveying to him an undivided moiety of a tract of land of which the premises are part. The respondent denied the seizin of the petitioner.
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This was a petition for partition, wherein the petitioner claimed an undivided moiety of the land described in the petition, by virtue of a conveyance to him by Abner Knight, by deed dated July 19, 1819, conveying to him an undivided moiety of a tract of land of which the premises are part. The respondent denied the seizin of the petitioner. At the trial, before Weston C. J. the respondent offered to prove, that one George Knight was tenant in common with the petitioner by virtue of a conveyance to him by the same Abner Knight, by a deed of warranty to him, dated July 18, 1817, of the other…
1Opinion of the Court
The opinion of the Court was drawn up by
Weston C. J.
Assuming, for the purpose of determining its ■ legal bearing, that the testimony offered by the respondent had been received, it appears that in July, 1819, one George Knight and the petitioner were tenants in common of a tract of land, of which the part described in the petition was understood to constitute one half. In July, 1823, Knight and the petitioner caused the whole to be surveyed, and thereupon made a parol partition of -the .same by metes and bounds, in pursuance of which the parties and those claiming under them, have since…
2Cases cited1 opinion
- Varnum v. AbbotMassachusetts Supreme Judicial Court · 1815
3Cited by4 opinions
- Berry v. SeawallCourt of Appeals for the Sixth Circuit · 1895
- Carle Dubois v. BenítezSupreme Court of Puerto Rico · 1934
- Drake v. WiseSupreme Court of Iowa · 1873
- Carle Dubois v. BenítezSupreme Court of Puerto Rico · 1934