Case Laws on Partition
Partition action - identification of corpus - investigation of title - boundaries - extent - dismissal of action 1. Importance of Corpus Identification in Partition Actions In partition actions, the proper identification of the corpus (land to be partitioned) is crucial and a prerequisite for the investigation of title. If the identification of the corpus is doubtful or unsatisfactory, the partition action must fail. 2. Burden of Proof in Corpus Identification The burden of correctly identifying the land to be partitioned, including its extent and boundaries, lies with the plaintiff, especially when contesting defendants do not seek partition. 3. Discrepancies in Land Boundaries and Extent While minor discrepancies in extent and boundaries compared to old deeds may be acceptable, significant unexplained discrepancies can lead to the dismissal of a partition action. 4. Partial Partition Not Allowed A partition action cannot be maintained to partition only a portion...