Paris v. Clay

Frankum, Justice.

1. “In all cases where two or more persons are common owners of lands and tenements . . . any one of such common owners may apply to the superior court of the county in which such lands and tenements are situated . . . for a writ of partition, which application shall be by petition, setting forth plainly and distinctly the facts and circumstances of the case, describing the premises to be partitioned and defining the share and interest of each of the parties therein.” Code § 85-1504. Under the plain wording of this Code section the right to have a partitioning does not exist…