Walker v. Bennett

Two questions are presented for decision in this partition suit; first, whether or not partition of land can be decreed by this court where the land is in possession of a tenant by the curtesy without the consent of such tenant; and second, conceding that such consent was formerly required, whether or not it is now necessary in view of the provisions of P.L. 1927 ch. 71 p. 128, as amended by P.L. 1928 ch. 209 p. 380.

The first question was answered in the negative, and adversely to the contention of the complainant, by the court of errors and appeals in Portnow v. Portnow, 90 N.J. Eq. 570.

The…