Pond v. Pond
Massachusetts Supreme Judicial Court
This was a petition for partition, in which the petitioners alleged, that they were seized as tenants in common, namely, Nathan Pond of two ninth parts, and Ziba Pond, a person non compos mentis, under the guardianship of Nathan Pond, of one ninth part, of the real estate described in their petition, whereof Benjamin Pond lately died seized in fee, and intestate ; and they pray that their shares may be assigned to them, to hold in severalty.
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This was a petition for partition, in which the petitioners alleged, that they were seized as tenants in common, namely, Nathan Pond of two ninth parts, and Ziba Pond, a person non compos mentis, under the guardianship of Nathan Pond, of one ninth part, of the real estate described in their petition, whereof Benjamin Pond lately died seized in fee, and intestate ; and they pray that their shares may be assigned to them, to hold in severalty. The respondents, Jlmos Pond, Leonard Pond, and Ichabod Pond, brethren of the petitioners, severally pleaded, that they were sole seized of certain parts…
1Opinion of the CourtPutnam, J.
Tenants in common may compel their co-tenants to divide their lands, either by writ of partition at the common law ; or by petition for partition, in the Court of Common Pleas, or in this Court, according to the statute of 1783, c. 41 ; or, lastly, bv pro*334ceeding in the Probate Court, for a distribution according to the rules of the descent of real estates, or according to the wills of te» tators which have been allowed and approved.
If the partition in the case at bar can be supported, it is on the ground of the proceedings which the parties have had in the Probate Court. For a partition by…
2Cited by6 opinions
- Lenz v. PrescottMassachusetts Supreme Judicial Court · 1887
- Stowell v. RanlettMassachusetts Supreme Judicial Court · 1921
- Caron v. Old Reliable Gold Mining Co.New Mexico Supreme Court · 1904
- Pinkham v. GearSuperior Court of New Hampshire · 1825
- Bull v. NicholsSupreme Court of Vermont · 1843
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