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WILLARD v. WILLARD

No. 318.

145 U.S. 116 (1892)

12 S.Ct. 818

36 L.Ed. 644

WILLARD, v. WILLARD.

Supreme Court of United States.

Decided May 2, 1892.

Attorney(s) appearing for the Case

Mr. William F. Mattingly for appellant.

Mr. Martin F. Morris, (with whom was Mr. G.E. Hamilton on the brief,) for appellee.

MR. JUSTICE GRAY, after stating the case as above, delivered the opinion of the court.

In a court having general jurisdiction in equity to grant partition, as in a court of law, a tenant in common, whose title in an undivided share of the land is clear, is entitled to partition, as a matter of right, so that he may hold and enjoy his property in severalty. Story Eq. Jur. §§ 653, 656; Parker v. Gerard, Ambler, 236; Calmady v. Calmady...

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