15 Mass. 155 | Mass. | 1818
This process is given by the statute to allpersons interested. The respondent contends that it was the intent of the legislature to confine it to those whose estate is an inheritance in fee, or at least a freehold, in the premises.
But we see no reason for thus restricting this beneficial process. A lessee for years of an undivided part may have as great an interest in procuring a severance as a tenant for life ; and although inconveniences may arise from allowing lessees for a short term to avail themselves of this provision, yet, on the other hand, as estates for years may be much more durable than mere freeholds, it would be dangerous to establish a principle which should except such estates from the operation of the statute. If a discrimination is necessary between estates held by long and short leases, the legislature is alone competent to make it.
If it were required to search for the intent of the legislature, in order to fix a meaning to the general term * made use of, it would be only necessary to recur to the law as it stood before the passing of the statute.
By the common law, the writ of partition would lie only between coparceners whose estates were equal. But, by the statute of 31 Hen. 8, c. 1, all persons having estates of inheritance were allowed
Judgment on the verdict.