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Opinion by

Ross, J.,

This is an appeal by a tenant in common from a rent charge against his distributive share in the proceeds of a sale of the property in a partition proceedings, and involves section 20 of the Orphans’ Court Partition Act of June 7, 1917, P. L. 337, 20 PS 1284, which provides as follows: “In case of partition of real estate now or hereafter held by two or more persons as tenants in common, where one or more of the said tenants shall have been or shall hereafter be in possession of said real estate, the parties in possession shall have deducted from their distributive shares…