Swan v. Tapley

Massachusetts Supreme Judicial Court

Swan v. Tapley

102 N.E. 916, 216 Mass. 61, 1913 Mass. LEXIS 1323

CourtMassachusetts Supreme Judicial Court

DecidedOctober 22, 1913

StatusPublished

Cited by2 cases

This text of 102 N.E. 916 (Swan v. Tapley) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Swan v. Tapley, 102 N.E. 916, 216 Mass. 61, 1913 Mass. LEXIS 1323 (Mass. 1913).

Pincite

Opinion

Sheldon, J.

The appellant had no real interest in the proceedings, and was not a proper party thereto. He was not aggrieved by the decree. Potter v. Wheeler, 13 Mass. 504, 506. His wife’s undivided interest, as one of her father’s heirs, in the property of which partition had been sought was her separate property, and he had no vested interest therein. Harrington v. Harrington, 13 Gray, 513. Fales v. Fales, 148 Mass. 42. Flynn v. Flynn, 171 Mass. 312. The decree dismissing the appeal must be affirmed.

So ordered.

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Sheldon, J.

The appellant had no real interest in the proceedings, and was not a proper party thereto. He was not aggrieved by the decree. Potter v. Wheeler, 13 Mass. 504, 506. His wife’s undivided interest, as one of her father’s heirs, in the property of which partition had been sought was her separate property, and he had no vested interest therein. Harrington v. Harrington, 13 Gray, 513. Fales v. Fales, 148 Mass. 42. Flynn v. Flynn, 171 Mass. 312. The decree dismissing the appeal must be affirmed.

So ordered.

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Bluebook (online)

102 N.E. 916, 216 Mass. 61, 1913 Mass. LEXIS 1323, Counsel Stack Legal Research, https://law.counselstack.com/opinion/swan-v-tapley-mass-1913.

Opinion

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