Cummins v. Nutt

The case made in the bill is in substance this, that the complainant was tenant in common with the defendant in one hundred and thirty-six acres of land, on which were a house, barn, and orchard. In 1825, the parties made a verbal partition of the land by running a line north and south, giving to the defendant about forty acres, including the improvements, and to the complainant, the remaining ninety-six acres unimproved. The parties ^took possession of their respective portions, agreed to exe- [714 cute deeds of release, made a partition fence on the line, and have ever since held…