The Appeal Court Reports, 1909, Vol. 5 (Classic Reprint)
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Excerpt from The Appeal Court Reports, 1909, Vol. 5 Partition action - Interlocutory decree - When it should be made - Power of Court to amend. An interlocntory decree iu a partition action ought to be made after such investigation of title as the Court thinks sufficient; and, in any case, it ought not to be made upon n mere agreement of the parties to the action as to the shares which they will take. Then further investigation takes place; and, as a result, the Court has power to confirm the interlocutory decree, or to vary it, or to make a wholly different Older. Balasingham for appellant. Judgment. Hutchinson, C. J. - This is a partition action in which the then District Judge, Mr. Sanders, on the 1st of June, 1908, made an interlocutory decree for partition of the land between the plaintiff and the defendant. The only investigation of title that was made before that decree was the evidence given by the plaintiff ; but that evidence alone does not appear sufficient to warrant the order. The appellant, who is the 1st defendant, then applied to tho District Court to set aside the interlocutory decree. The application was made to Mr. Sanders´ successor in office, Mr. Thaine. He held that he had no power to set the interlocutory decree aside. I think that he had power to do so. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
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