¶1were clearly of opinion, that where the land held in common consists of several parcels, it is to be considered as one entire subject-matter of partition, and it is competent to the commissioners to give to each tenant a part to hold in severalty, equal to his share of the whole estate thus held, and for that purpose to give to one or more, or all, an entire parcel each, as their respective purparties, according to the situation and circumstances of the estate.
27 Mass. 152
Hagar v. Wiswall
Massachusetts Supreme Judicial Court
Decided October 15, 1830
Massachusetts Supreme Judicial Court · decided 1830-10-15
Petition for partition. The estate to be divided consisted of several detached parcels. The parties were desirous that the whole of one parcel might be assigned to one, the whole of another to another, and so on; but the commissioners thought they had not the power to make such a division, under the statute of 1783, c. 41, and so divided each parcel among ad the cotenants.
Cited by 1 later decisions — most recently February 1970
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1830-10-15
View the full empirical analysis of this case →