McDonald v. McDonald

Partition. The plaintiffs and defendants were the: heirs at law of Patrick McDonald, deceased. The defendants, who are appellants here, claimed each one-third of the land5 by answer, in the nature of a-counter-claim, in which they admit that the legal title was in Patrick at .the time of his death, but aver that they, Ddward and Michael, were the equitable- owners of the undivided two-third part thereof, because they and the said Patrick McDonald purchased said lands in partnership, paid for the same with their joint moneys, had occupied them in common, and improved them; for their j oint…