Indiana Supreme Court, 1890

Hawkins v. McDougal

Hawkins v. McDougal
Indiana Supreme Court · Decided November 12, 1890 · Elliott
125 Ind. 597; 25 N.E. 807; 1890 Ind. LEXIS 496

Hawkins v. McDougal

Opinion of the Court

Elliott, J.

— The only question presented by this record is, whether tenants in common of a life-estate in land can maintain a suit for partition.

In equity, and at law, it has always been held that tenants in common of a life-estate in land may have compulsory partition. Freeman Co-Tenancy and Partition, section 455. Our statute has not changed this rule. Shaw v. Beers, 84 Ind. 528; Swain v. Hardin, 64 Ind. 85 ; Russell v. Russell, 48 Ind. 456; Longlois v. Longlois, 48 Ind. 60.

Judgment affirmed.

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