Barnard v. Pope
Massachusetts Supreme Judicial Court
This was a petition for partition, in which the petitioner claimed an undivided tenth part of the premises, and prayed that the same might be set off to him, to hold in severalty. The respondent pleaded that he was sole seised of the said premises, and traversed the seisin of the petitioner, whereupon issue was joined.
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This was a petition for partition, in which the petitioner claimed an undivided tenth part of the premises, and prayed that the same might be set off to him, to hold in severalty. The respondent pleaded that he was sole seised of the said premises, and traversed the seisin of the petitioner, whereupon issue was joined. Upon the trial of this issue, which was had at the sittings here after the last October term, before Wilde, * J., it was admitted that the premises described in the petition were a part of the estate of the petitioner’s father, and, after his death, were assigned to Lucy…
1Opinion of the CourtParker, C. J.
The petitioner’s title to the proportion set forth in his petition is admitted ; and he is entitled to judgment for partition, unless, for one of the causes alleged in the motion for a new trial, the verdict was wrong.
The respondent, who holds one moiety of the land derivatively from William, Barnard, the brother of the petitioner, and the other moiety under the deed of his five sisters, offered to prove the declarations of the petitioner, that he had conveyed his share to his brother William; and the evidence so offered was rejected. * It not appearing by the report, when and where these…
2Cited by15 opinions
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- Dubois v. CampauMichigan Supreme Court · 1873
- Street v. BennerSupreme Court of Florida · 1884
- Cummings v. WymanMassachusetts Supreme Judicial Court · 1813
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