Draper v. Sewell

MERRILL, Justice.

This is an appeal from a decree of the-Circuit Court of Calhoun County, in Equity,, dismissing appellants’ bill of complaint. The bill seeks a sale for division among joint owners and tenants in common of a. certain city lot and house located thereon which cannot be equitably divided without a sale for division. Appellee’s answer to-the bill avers that she has a fee simple title-to the property.

The evidence was heard ore tenus by the-trial judge. His findings of fact and conclusions of law are substantially as follows: The property which is the subject matter of this…