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any right of the plaintiff in that action there sought to be enforced. We are of the opinion that the plaintiff is not estopped by the record in the action brought by the receiver. But when an action Mallouey i Horaii N. Y Grover J. disseutiug. Chap. XII. JUDGMENTS OF PAKTITIOX. gg a is brought for an assignment of dower or the claim to dower is otherwise brought in issue and determined the judgment is conckisive Judgme. Mulberry Outlet store bags nts of Partition. We find it declared in one case that a writ of partition or a petition for parti tion which is but a substitute for the former is a mere possessory action and that it at most can bar nothing but possessory actions. Few if any authorities sustain this view. On the contrary there can be no doubt that a judo ment in a proceeding for the parti. Mulberry Outlet handbags tion of lands is as con clusive upon the matter put in issue and tried as a judgment in any other proceeding and may be set up as a bar to a writ of entry involving the same questions of title. All questions of title and of possession may be finally deter mined in a suit for partition. A judgment in such a suit establishes the title to the land partitioned an. Mulberry Sale Bags http://www.mulberryfashion-uk.com UK Mulberry bayswater handbags cheap d is conclu sive upon any adverse claim of title or of possession exist ing at the date of its rendition. The law requires the court to ascertain and determine the rights of the parties and makes it the duty of the parties to disclose their adverse claims. The decree necessarily afiirms tliAt the parties to it are tenants in com. Mulberry Bags Outlet UK mon joint tenants or coparceners. Such decree is conclusive that at its rendition the land set ojff to one of the parties with a spring thereon was held in common by the parties prior to the judgment. If a widow be made a party to proceedings in partition imder an allega tion that she is entitled to dower the decree is conclusive on her homestead right. A decr. Mulberry Handbags Outlet ee for partition does not create any new title. The only object and effect of the action is to sever the unity of possession and to convert that which was before a joint possession into a several one. It does not prejudice the claim of one of the parties to recover a sum due from another for purchase money; be Edson Munsell Allen Wright Dunning III McClure McClure Penn. S Tabler Wiseman Ohio S McBuin McBain Ohio S Wade Deray April Term of Ca Ervin Bradj Mo Mallett Foxcroft Stoiy Whittemore Shaw N. H Doolittlo Don Mans ; Pentz c. Kuester Mo Godfrey Godfrey Ind Forder Davis Mo Clapp Bromaghan Con. gg LAW OF JUDGMENTS. Chap. XII. cause the question of indebtedness from one of the tenants in c