Ladd v. Swanson

This appeal raises the single question whether a tenant in common who holds a declaration of homestead under G. L. c. 188, § 2, may assert that declaration against her two cotenants as an absolute bar to their petition to partition. On undisputed facts, a judge of a Probate Court concluded that the two tenants in common had an absolute right to partition which could not be defeated by the third tenant’s declaration of homestead. We affirm.

I. The Realty.

Although the record appendix prepared by the defendant 2 leaves much to be desired, it is sufficient to allow us to decide the narrow issue…