Cooter v. Baston

The appellees’ complaint alleges that they and the appellants, other than Marion Cooter, are the owners of certain described real estate, and sets forth the shares of each of the parties; avers that Marion Cooter has, without right, held possession thereof, “and, by reason of his possession and other means, has cast a cloud over plaintiffs’ and defendants’ title, and that they are entitled to, their proportionate share of the same.” The prayer is that partition may be made and the title quieted.

In setting out the shares alleged to be owned by the parties-respectively, Cooter’s name is not…