LADD v. SWANSON


24 Mass. App. Ct. 644 (1987)

511 N.E.2d 1112

JOHN C. LADD & another vs. KATHLEEN M. SWANSON.

Appeals Court of Massachusetts, Essex.

August 28, 1987.


Attorney(s) appearing for the Case

Sumner H. Smith for the defendant.

Present: PERRETTA, CUTTER, & KASS, JJ.


PERRETTA, J.

This appeal raises the single question whether a tenant in common who holds a declaration of homestead under G.L.c. 188, § 2, may assert that declaration against her two cotenants as an absolute bar to their petition to partition. On undisputed facts, a judge of a Probate Court concluded that the two tenants in common had an absolute right to partition which could not be defeated by the third tenant's declaration of homestead. We affirm.

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