3 A. 313 | N.H. | 1885
Whatever is capable of being divided may be the subject of partition in equity (Allnatt, Partition, 84); and the inconvenience or difficulty of making partition is no objection. 1 Sto. Eq. Jur. (12th ed.), s. 656. Moreover, for the sake of convenience, in equity a recompense may be made by a sum of money to one of the parties, so as to prevent injustice or unavoidable inequality (ib., ss. 654, 656); or the court may order a sale of the subject-matter, and a division among the several owners according to their respective titles, as its powers are adequate to a full compensatory adjustment. Pell v. Ball's Ex'rs, 1 Rich. (S.C.) Eq. 361; Holmes v. Holmes, 2 Jones (N.C.) Eq. 334; Gregory v. Gregory,
Exceptions overruled.
CLARK, J., did not sit: the others concurred. *26