Massachusetts Reports : Cases Argued And Determined in the Supreme Judicial Court of Massachusetts 171
Massachusetts Reports : Cases Argued And Determined in the Supreme Judicial Court of Massachusetts 171
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88. Nor can she object to a partition of the land among the tenants in common. Motley v.
Blake, 12 Mass. 280. Ward v. Gardner, 112 Mass. 42.
There can be no donbt that the inchoate right of the wife is always subject to any encumbrance or infirmity in the husband's title existing at the time he became seised ; and we are also of opinion that it is subject to any incident attached to it by law.
The land may be sold on a petition for partition, if the husband is a tenant in common. Pub. Sts. c. 1...78, § 65. When this hap- pens, it has been held in a well considered case in Indiana that the wife is not a necessary party to the partition proceedings, and is not entitled to share in the fund derived from the sale.
Haggerty v. Wagner, 148 Ind. 625.
Land may be sold for taxes, and if there is a surplus it is to be paid " to the owner of the estate." Pub. Sts. c. 12, § 35. St.
1888, c. 890, § 40. In a case arising under a New York statute, which directed that any surplus arising on a tax sale *' shall be held for the use of and paid over to the person legally entitled upon his establishing his right thereto," it was held that the owner of the land was entitled to the surplus.
What to read after Massachusetts Reports : Cases Argued And Determined in the Supreme Judicial Court of Massachusetts 171?
You can find similar books in the "Read Also" column, or choose other free books by Massachusetts. Supreme Judicial Court to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
88. Nor can she object to a partition of the land among the tenants in common. Motley v.
Blake, 12 Mass. 280. Ward v. Gardner, 112 Mass. 42.
There can be no donbt that the inchoate right of the wife is always subject to any encumbrance or infirmity in the husband's title existing at the time he became seised ; and we are also of opinion that it is subject to any incident attached to it by law.
The land may be sold on a petition for partition, if the husband is a tenant in common. Pub. Sts. c. 1...78, § 65. When this hap- pens, it has been held in a well considered case in Indiana that the wife is not a necessary party to the partition proceedings, and is not entitled to share in the fund derived from the sale.
Haggerty v. Wagner, 148 Ind. 625.
Land may be sold for taxes, and if there is a surplus it is to be paid " to the owner of the estate." Pub. Sts. c. 12, § 35. St.
1888, c. 890, § 40. In a case arising under a New York statute, which directed that any surplus arising on a tax sale *' shall be held for the use of and paid over to the person legally entitled upon his establishing his right thereto," it was held that the owner of the land was entitled to the surplus.
What to read after Massachusetts Reports : Cases Argued And Determined in the Supreme Judicial Court of Massachusetts 171?
You can find similar books in the "Read Also" column, or choose other free books by Massachusetts. Supreme Judicial Court to read onlineMoreLess
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