Jefferson v. . Jefferson

BARNHILL and WINBORNE, JJ., concur in dissent. This proceeding began as a petition for partition, the plaintiff alleging that he was the owner as cotenant with the defendant of a one-half undivided interest in a certain tract of land which he describes, making specific reference to a deed of D. A. Jefferson and wife to R. O. Jefferson, from which quotations are made below.

The defendant denied that the plaintiff had any interest in the lands and pleaded sole seizin, claiming title through the D. A. Jefferson deed to R. O. Jefferson, and mesne conveyance by R. O. Jefferson to himself. He…