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Undivided

Dictionary of Terms and Phrases Used in American or English Jurisprudence · Benjamin Vaughan Abbott · 1879

Dictionary of Terms and Phrases Used in American or English Jurisprudence

As used in a resolve of proprietors of common lands, that a certain tract shall remain undivided, means that it shall not be subject to partition and allotted to individual proprietors in severalty, but shall be held in common, for public use; not that the tract cannot be set off in distinct enclosures for separate public uses. To fence off a portion of such tract for a highway is not a violation of the resolve that it shall remain undivided.

Matter of Wellington, 16 Pick. 87.