Columbia Law Review Volume 3

Columbia Law Review Volume 3

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1903 edition. Excerpt: ...of the Assembly passed in 1762 provided for a sale of a small part of the lands, sought to be partitioned, to defray the expense of actually partitioning the residue of the lands.' After the establishment of the State government the legislature reenacted alike provision, and then first provided that, in case an actual partition of houses and lots could not be made "without great prejudice," the court might order a sale.' This was the entering wedge in the modern practice of judicial sales in partition actions. Yet, as the act of Henry VIII was at the same time re-enacted,1 it is highly probable that no forced sale of agricultural or unimproved lands in partition proceedings was then ever contemplated, except of that small part necessary to defray the costs of partitioning the residue.' Vhen the property was urban or improved property, a sale was intended to take place only in the event that a partition could not be made ' witlzaut great prejudz'ce.'' These acts have been from time to time reenacted, but always with the same reservation--that no sale should be made unless actual partition would occasion great prejudice to the owners.' Notwithstanding this fundamental limitation upon the judicial power to decree a compulsory sale in partition actions, an examination of the records in partition cases will often disclose a careless or a perfunctory investigation of the jurisdictional question. In several cases examined the finding was wholly unsupported by proper evidence; yet a decree of sale had passed, and the parties to the action were undoubtedly bound. So frequent have sales in partition actions become that it has even been said by the highest authority that the power to decree a sale or an...
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Product details

  • Paperback | 266 pages
  • 189 x 246 x 14mm | 481g
  • United States
  • English
  • black & white illustrations
  • 1236738837
  • 9781236738837