Claxton v. Claxton

This is a bill in equity, filed on behalf of a minor, by his general guardian, for partition of lands. The lands are so situated that partition cannot be effected except through a sale, and this is opposed by the other joint owners. A net revenue of about nine per centum upon the value is now realized from the lands. The infant is owner of an undivided one-sixth.

The case has been heard on a stipulation as to the facts, and decree has been made as prayed. Evidently the court has assumed that partition was matter of right, which may be true enough if the facts are such as to warrant it. But…