Litchfield enquirer., 1848-08-10

necessary to protect the rights of all persons interested, and to carry the sale into full ef- feet. The monies arising from the sale af. ter the payment therefrom of such reasOna- bls cost and expenses as the court may di- rect, shall be distributed by order of the court, among all persons interested in the estate. in proportion to their interests.
 Sec. 3. Whenever any deceased tenant in common, joint-tenant. or coparcener of any real estate. shall have devised any free. hold interest in such estate, to any person by way ofremainder, substitution, or exec utory devise. to any other person or per- sons, born or unborn, the Superior Court as court of equity, may on the petition ol any person interested, order partition ol such estate to be made between the devise or devises, the surviving co-tenant or co. tenants. and the person having such contin' gent interest ;and may appoint committe for that purpose and the dscraa- -of the court in the premises shall be binding, no! only upon the parties to the petition. hit up- on the person having such contingent inte- rest, his heirs and assigns.
 Sec. 4. The petitie1, in all the preeed- ing cases. shall be brought in the county where the paa.79iies or some of them reside, if any a them reside in this state; if not, thsh in the county where the estate, or some part of it is.
 Sec. 5. Whenever any minor shall be interested in any real estate, as joint tenant, tenant In common. or coparcener, with any other person. the guardian of such minor may agree with such other person. in writing. upon partition of the estate, and make the same according to the agreement and whenever any minors shall be so interested as between each other. their guardians may make such agreement :; and whenever any minors shall be so interested as between each other. their guardians may make such, agreement and partitioL but no such agreement shall be effectual to bind the aminor OF minors unless the same shall have been returned to and accepted by the court ofprobate in the district where the the land. or some part of it lies.
 Sec. 6. Whenever any partition shall have been made in accordance with the lst, 2d sections of this Act the decree of the court and the proceedings under it. so far as it regards the partition of the estate, shall be recorded in the records of the town where the estate lies. before the same shall be effectual to bind persons not parties to the petition. or having contingent interest as specified in said section, or heirs of such parties or per- sons having such contingent interest : and whenever any partition shall have been made by agreement 6 partition shall not be effectual to bind persons not par ties until the same shall have been so recorded. ... Sec.7 The 18th section of an Act en- titled An Act concerning Lands" the sth section of an Act entitled " An Act relating to Guardians and Minors" the lst and 3d sections of an Act entitled An Act in relation to the Partition of Lands" " approved May 29,h, 1889, and an act entitled " An Act to provide for the ma king of Partition in certain cases," ap- proved June 6rh, lS40-and all acts and parts of acts inconsistent with this act, are hereby repealed.
 Sec. 8. Nothing herein contained shall in any manner affect any suit now psnd- ing. - Speaker of the House of Representatives CHARLES J. McCURDY, l .-... President of the Senate. | Arnroved lame l7th. 1S4S.
 CLARK RESELL. CHAPTER Lx.
 An Act concerning the foreclosure of
 Mortgage.
 Sec. l. Be t enacted by the Senate 8 House of Representatives. in General i Assembly, conuened, That whenever any
 mortgage shall have been foreciosed in
 any court in this state, and the time imi-
 ted by the court for the redemption has
 nassed. and the title to such mOrtgaged