Brown v. Gaskill

Leaming, V. C.

Defendant moves to dismiss complainant’s bill upon the ground that a suit for the partition of the same property was *621pending in the Atlantic count}' orphans court at the time the bill for partition was filed in this court.

Section 9 of the Partition act (P. L. 1898 p. 644) authorizes the orphans court to entertain jurisdiction for partition of lands, in the class of cases there named, “upon application by petition made by one or more of said coparceners, joint-tenants or tenants in common.” Section 10 requires that the person who proposes to apply to the orphans court for…