Cooper v. Davis

This case turns on the validity of a parol partition of land between tenants in common. The administratrix and sole devisee of George F. Cooper, one of the tenants, brought a bill for accounting against Lester W. Davis, the other tenant, to discover the amount due Cooper for sand and gravel excavated from half the tract of land over a period of years.

In defense, the respondent pleaded and established to the satisfaction of the chancellor that there had been an oral agreement to divide the commonly owned parcel of ground, which had been executed and would, therefore, be recognized and enforced…