Nicholson v. Caress

This was an action by the appellants against the appellees, to obtain partition of the real estate described in the complaint. The complaint sets forth the interests of the parties, together with the deed upon which the appellants in part rely for their title. A demurrer was sustained to the complaint below, and this ruling is assigned for error and presents the only question arising in the record.

The complaint shows that in the year 1847, one Thomas Nicholson was the owner in fee of the land in controversy; that on the 24th day of March, 1847, he conveyed by deed *480such real estate to his two…