Booker v. Tarwater

The appellants sued the appellee for partition of real estate situate in Sullivan county. Upon *386the issues formed there was a trial by the court without a jury; and upon proper request the court made a special finding of the facts, and stated its conclusion .of law in favor of the appellee, whereon he had judgment. It is contended that the court erred in its conclusion of law, and this is the only error assigned.

The substance of the special finding is that on January 24, 1865, Bazzle Carrico was the owner in feer simple of the land in controversy (describing it), and that his wife Frances was…