Bartlet v. Harlow
Massachusetts Supreme Judicial Court
[* 348] * This was a petition for partition of a certain tract of land situate in Plympton, in the county of Plymouth, of a moiety of which the petitioner alleges himself to be seized in fee, as tenant in common with the respondent, who pleads that he is sole seized of the premises, and traverses the tenancy in common of the petitioner, on which issue is joined.
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[* 348] * This was a petition for partition of a certain tract of land situate in Plympton, in the county of Plymouth, of a moiety of which the petitioner alleges himself to be seized in fee, as tenant in common with the respondent, who pleads that he is sole seized of the premises, and traverses the tenancy in common of the petitioner, on which issue is joined. At the trial of this issue, which was had before the late Judge Dewey, at the sittings here after the last October term, * it appeared that the petitioner claimed under an extent [ * 349 ] of an execution duly issued in his favor…
1Opinion of the CourtJackson, J.
By our statute of executions, (1) the creditor, if he thinks propel, may levy his execution on the real estate of his debtor, which shall be set off to him by metes and bounds ; and, if it is held in joint-tenancy, in coparcenary, or tenancy in common, the execution may be extended on the “ real estate held as aforesaid, or part thereof, describing the same with as much precision as the nature and situation thereof will admit.”
It is contended by the counsel for the petitioner, that the officer and the appraisers, in pursuance, of this statute, may set off all the debtor’s interest and estate…
2Cases cited3 opinions
- Porter v. HillMassachusetts Supreme Judicial Court · 1812
- Atkins v. BeanMassachusetts Supreme Judicial Court · 1817
- Baldwin v. WhitingMassachusetts Supreme Judicial Court · 1816
3Cited by8 opinions
- Gates v. SalmonCalifornia Supreme Court · 1868
- McKey v. WelchTexas Supreme Court · 1858
- Great Falls Co. v. WorsterSuperior Court of New Hampshire · 1844
- Chase v. WilliamsSupreme Judicial Court of Maine · 1880
- Holbrook v. BowmanSupreme Court of New Hampshire · 1882
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