Moore v. . Baker

While the petition describes all the land of which the testator died seized and possessed, it does not appear that those now in possession of the tract allotted to Mrs. Moore were made parties to this proceeding. Defendant Sallie Baker Everett is now in possession of the Hyman share. So that in fact this proceeding is prosecuted for the purpose of asserting title as tenants in common to the Martha Norman Baker and the Hyman parcels as described in the partition deed.

Plaintiffs, remaindermen, were not parties to the partition deed executed by the life tenants.' It does not appear that any of…