Young v. Diedel

Fewer, X,

delivered the opinion of the Court.

The purchaser of the property decreed to be sold in this case excepted to the ratification of the sale, on the theory that the court was without jurisdiction to pass the decree. The appeal is from an order overruling the exceptions and ratifying the sale.

It was expressly determined by the decree that the real estate to which it referred could not he divided in kind among the parties to the cause, who owned the property as tenants in common, and the evidence in the ease fully justified that conclusion, but the hill of complaint omitted an allegation…