Kittrell v. O'Flynn

Claiming to be the owner as a tenant in common of an undivided one-sixteenth interest in the land described in his bill, appellee, on June 25, 1945, began his suit for a partition. Appellants answered and set up the fact that appellee’s interest had already been sold under a previous partition proceeding, wherein the sale had been confirmed on November 3, 1924, and that this former decree had become conclusive and final as to appellee under Séction 977, Code 1942, the further fact being that appel-lee was approximately twenty-nine years old when he instituted the present suit.

The cited…