Wellman v. Tomblin

Browning, Judge:

This is a chancery suit brought by the plaintiff, in the Circuit Court of Wayne County, to recover possession of a certain tract of real estate, hereinafter designated as Tract No. 3, and to partition two other tracts, hereinafter designated as Tracts Nos. 1 and 2, in which he alleges ownership of an undivided one-half interest.

*343The facts are uncontroverted. On February 25, 1914, Tracts Nos. 1 and 2 were conveyed to plaintiff and his brother jointly by one Ferguson. Tract No. 3 was individually acquired by plaintiff in 1916. Plaintiff’s brother died intestate, without issue, in…