Marshall v. Sarar

HORTON, Chief Judge.

The plaintiff-appellants seek review of a final decree dismissing their complaint. The dismissal was based upon the chancellor’s determination that the defendant had proved a common law marriage.

The plaintiffs sought partition of certain property which they alleged was held by their father at his death as a tenant in common with the defendant. The answer alleged that the property in question was the homestead of the parties and that the defendant, as the widow of the deceased, was entitled to ownership and possession.

Although the appellants have raised a number of points…