Bailey v. Knapp

Partition. Practice. Law and equity. Deed. A petition for partition, is a legal and not equitable proceeding, and the respondent is not entitled to plead or prove that an absolute deed, under which petitioner claims a part of his title, was given as an equitable mortgage, and that the debt secured thereby has been paid. A conveyed to B an undivided half of a tract of land, identifying it as a half coming from certain particular conveyances, A at the time owning the other half. B cannot, by his deed, take the second half because the first half turns out to be encumbered by mortgage.

On exceptions. Petition for partition. In 1863, Adam Blackman, while seized of the one undivided half part of said tract under the Pinhorn mortgage, gave a quitclaim deed to George V. Blackman, mentioned in the ojiinion, as follows: "One undivided half part of a certain tract of land containing 1772 acres more or less, same known as the'Eaton Tract;’ intending hereby to release and convey all right and title to all that undivided half part of said premises which were conveyed in mortgage by Luke P. Rand to Amasa Stetson, by deed bearing date Aug. 8, 1857, recorded in Penobscot Registry book 280, page 160, and since assigned to said George, which I derived by deed Charles D. Gilmore Sheriff to me, dated Feb. 26, 1861, and recorded as aforesaid, book 310, page 62, and all title to said half which I have by virtue of any and all deeds for taxes, and especially by the two deeds from Edwin Eddy, one dated Jan. 18, 1861, recorded book 309, page 119, and the other dated Jan. 11, 1862 ; also including all other title which I have to said half part, reference to said deeds to be had.” Other material facts stated in the opinion.