Powell v. Kelly

Opinion by

Mr. Justice Drew,

Plaintiff filed this bill in equity for the partition of two tracts of land owned by him and the defendants as tenants in common. A decree pro confesso was entered and a master appointed to make partition. The master valued the properties, determined that they could not be divided without prejudice to and spoiling the whole, and issued a rule on all parties to appear before him to accept or refuse the property at the valuation, to submit bids in excess thereof, or to show cause why the properties should not be sold at public sale. All the parties appeared, and bids…