East Coast Cedar Co. v. People's Bank of Buffalo

Citations

• 111 F. 446
• 49 C.C.A. 422
• 1901 U.S. App. LEXIS 4397

Syllabus

<p>1. Appeal—Final Decree—Suit for Partition.</p> <p>A decree in a suit for partition, in which the only question in controversy was whether the land should he partitioned in specie, or sold and the proceeds divided, which determines such issue, and orders a sale of the Find, leaving the distribution of the proceeds as the only tiling remaining to he done after such decree has been executed, is final, for the purposes of an appeal. 1</p> <p>2. Partition—Directing Sale—Impracticability of Division.</p> <p>A tract of land sought to be partitioned consisted of 128,000 acres, largely swamp, a largo part of it practically worthless, and the remainder of very unequal value; the timber, which constituted its chief value, being in scattered tracts, and at greatly unequal distances from water courses by which it must be marketed. There were also over many portions of it adverse claims of various character, with uncertain boundaries. Held, that the trial court correctly decided that such tract could not be divided without injustice to some of the owners in common, of whom there were eight, owning unequal shares, and properly ordered it sold and the proceeds distributed, as the only just and practicable method of division.</p> <p>3. Same—Parties—Lius' Creditors of Tenant is Common.</p> <p>Creditors having liens on the interests of 'some of the tenants in common of a tract of land are not necessary parties to a suit for its partition, but where the land is sold they may intervene and assert their liens against the share of their debtors in the proceeds.</p>