31 Me. 486 | Me. | 1850
The statute of 1821, chap. 37, and the Revised Statutes, chap. 121, on the subject of partition of real estate, so far as they are applicable to questions like those now presented, are substantially the same. In the former, the judgment rendered upon the report of the commissioners, who make the partition, after the report is accepted, and after the proceedings are recorded, shall be valid and effectual to all intents and purposes. Sect. 2. In the latter, final judgment, confirming the partition, shall be conclusive as to all rights both of property and possession, of all parties and privies to the judgment. Sect. 31.
The one having an adverse possession of the land divided
It may be doubted, whether those, who are parties to the process of partition and to the final judgment, are so put into possession by the partition, as to disturb the adverse possession of a stranger to those proceedings. But that question, is not involved in the present controversy. It is nothing but the partition actually made, which can purge the disseizin of the one in possession, and abridge his equitable rights. If the possession has been continued for the space of six years, and he has made improvements, those are to be protected in the mode provided in the statute, notwithstanding the partition. In the case before us, it is admitted, that the tenant entered into adverse possession of the premises, and commenced his improvements more than six years before the final judgment upon the petition for partition.
The rulings of the presiding Judge, that the tenant was debarred, by the petition for partition and the proceedings thereon, from any claim for betterments, and that he had no claim thereto, unless the improvements and buildings had been made or commenced six years before the date of the petition, were erroneous.
The default is taken off, and the action stands for trial.