Howard v. Fessenden
Massachusetts Supreme Judicial Court
Petition for partition. The petitioner claimed to own three undivided fourth parts of the land in question, and of a small house, shed and bam standing thereon. The respondent admitted the petitioner’s title to the land, but denied that the petitioner had any title to the buildings, and claimed title thereto in himself and his son, Albert L. Fessenden. The only question in issue was as to the title to the buildings.
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Petition for partition. The petitioner claimed to own three undivided fourth parts of the land in question, and of a small house, shed and bam standing thereon. The respondent admitted the petitioner’s title to the land, but denied that the petitioner had any title to the buildings, and claimed title thereto in himself and his son, Albert L. Fessenden. The only question in issue was as to the title to the buildings. At the trial in the superior court, before Rockwell, J., it appeared that in 1841 Luther Spaulding, the owner of the land, died, leaving the same to his wife for life, with…
1Opinion of the CourtWells, J.
The pleadings put in issue the right of thé petitioner to have partition as prayed for, in part; Gen. Sts. c. 106, § 16; viz. as to the house and barn standing on one corner of one of the lots. The general description as land, in the petition, is sufficient to include the buildings. By the replication, the petitioner expressly avers that these buildings are part of the realty, and that he is owner of them in the same proportions that he is owner of the land, and is entitled to have partition accordingly. His right to have such partition of the buildings as well as the land depends upon his…
2Cases cited5 opinions
- Van Ness v. PacardSupreme Court of the United States · 1829
- Short & Co. v. Trabue & Co.Court of Appeals of Kentucky · 1863
- Wells v. BanisterMassachusetts Supreme Judicial Court · 1808
- Rising v. StannardMassachusetts Supreme Judicial Court · 1821
- Washburn v. SproatMassachusetts Supreme Judicial Court · 1820
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