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" If it be alleged in the complaint and established by evidence, or if it appear by the evidence without such allegation in the complaint to the satisfaction of the court, that the property or any part of it is so situated that partition cannot be made... "
A Treatise Upon the Practice of the Court of Chancery: With an Appendix of Forms - Page 189
by Murray Hoffman - 1839
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Laws of the State of New York, Volume 1

New York (State) - Legislation - 1811 - 498 pages
...pursuant to the second section of said act, that the lands, tenements or hereditaments in question are so circumstanced, that a partition thereof cannot be made without great prejudice to the owners of the same, and it shall appear by satisfactory proof to the court to which such report shall be made,...
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The Revised Statutes of the State of New-York: Passed During the ..., Volume 3

New York (State) - Law - 1829 - 876 pages
...or of any two of them, to the said court, that the - lands, tenements or hereditaments in question, are so circumstanced that '"" a partition thereof...cannot be made without great prejudice to the owners of the same, then it shall be lawful for the court to order the said commissioners to sell the premises...
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The Chancery Practice of the State of New York

Joseph White Moulton - Equity pleading and procedure - 1829 - 390 pages
...and interests of the several parties in the premises, and whether the premises or any part thereof are so circumstanced that a partition thereof cannot be made without great prejudice to the owners.(26) [See referRefereqce Qf ence ch. 2 § 36, &c.] On the coming in and confirmaceruiV in- tion...
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The Revised Statutes of the State of New-York: Passed During the ..., Volume 2

New York (State) - Law - 1829 - 882 pages
...respective rights of the parties interested therein ; and for a sale of such premises, if it shall appear that a partition thereof cannot be made without great prejudice to the owners.1 $ 2. If it shall be represented to the court, by any party intending Guards™ .... .11 B...
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The Revised Statutes of the State of New-York: Passed During the ..., Volume 2

New York (State) - Law - 1829 - 878 pages
...respective rights of the parties interested therein ; and for a sale of such premises, if it shall appear that a partition thereof cannot be made without great prejudice to the owners.1 S 2. If it shall be represented to the court, by any party intending cusrdia™ to make such...
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Reports of Cases Decided in the Court of Chancery of the State of ..., Volume 53

New Jersey. Court of Chancery - Law reports, digests, etc - 1896 - 776 pages
...one-fourth part thereof, amended in 1891 (PL of 1891 p. 423) so that it should be allowed if the land is so circumstanced that a partition thereof cannot be made without great prejudice to the owners or persons interested in the same. By a statute in 1858 (PL of 1858 p. 478; Rev. p. SO? § 30) the...
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The Practice in Civil Actions and Proceedings at Law in ..., Page 144, Volume 2

Elijah Paine - Civil procedure - 1830 - 864 pages
...respective rights of the parties, interested therein ; and for a Sale of such premises, if it should appear that a partition thereof cannot be made without great prejudice to the owners.8 The attorney-general, whenever so directed by the commissioners of the land office, is required...
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Acts of the Legislature of the State of Michigan

Michigan - Detroit (Mich.) - 1837 - 376 pages
...satisfaction, that the lands, tenements and hereditaments appertaining to the said estate, are so situated that a partition thereof cannot be made without great prejudice to the owners of the same, then and in that case it shall be lawful for the said judge to order the said commissioners...
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Acts of the Legislature of the State of Michigan

Michigan - Law - 1837 - 366 pages
...satisfaction, that the lands, tenements and hereditaments appertaining to the said estate, are so situated that a partition thereof cannot be made without great prejudice to the owners of the same, then and in that case it shall be lawful for the said judge to order the said commissioners...
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Reports of Cases Argued and Determined in the Court of Chancery of ..., Volume 2

New York (State). Court of Chancery, Alonzo Christopher Paige - Equity - 1839 - 692 pages
...either of the parties on the reference, to examine and report whether the premises or any part thereof are so circumstanced that a partition thereof cannot be made without great prejudice to the owners thereof; and that he state the particular facts and circumstances, if any, which will render a division...
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