Varnum v. Abbot
Massachusetts Supreme Judicial Court
This was a writ of entry, in which the demandant counted upon a mortgage hereafter described. The action was submitted to the determination of the Court upon the following case agreed by the parties. “ On the 9th of March, 1809, Eliphalet Fox, and Elizabeth, his wife, were jointly seized of three undivided fourth parts of the demanded premises in fee, and Peter Fox, their son, was seized in common with them of the residue.
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This was a writ of entry, in which the demandant counted upon a mortgage hereafter described. The action was submitted to the determination of the Court upon the following case agreed by the parties. “ On the 9th of March, 1809, Eliphalet Fox, and Elizabeth, his wife, were jointly seized of three undivided fourth parts of the demanded premises in fee, and Peter Fox, their son, was seized in common with them of the residue. And on the same day, Josiah W. Coburn, a creditor of the said Peter, attached upon mesne process, ‘all his estate and interest in the tenements.’” [*475] *“ On the 10th of…
1Opinion of the Court
* Jackson, J.
Since the argument of this cause, at [* 476J the last term, we have had occasion to consider the general question which it involves, although presented in a different aspect, in the case of Bartlet vs. Harlow, lately decided at Plymouth.(1) In that case it was determined that a conveyance by one joint-tenant, or tenant in common, of a part of the land by metes and bounds, to a stranger, whether the conveyance be by deed or by the levy of an execution, can have no legal effect or operation to the prejudice of a co-tenant. As the grantor himself has no right, on a partition, to…
2Cases cited1 opinion
- Porter v. HillMassachusetts Supreme Judicial Court · 1812
3Cited by43 opinions
- Gates v. SalmonCalifornia Supreme Court · 1868
- Swartzbaugh v. SampsonCalifornia Court of Appeal · 1936
- Shaw v. HearseyMassachusetts Supreme Judicial Court · 1809
- Porter v. HillMassachusetts Supreme Judicial Court · 1812
- Campau v. GodfreyMichigan Supreme Court · 1869
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