Prude v. Lewis

OPINION

OMAN, Judge, Court of Appeals.

This suit was brought pursuant to the provisions of §§ 22-13-1 to 22-13-8, N.M. S.A.1953, whereby plaintiffs sought partition, or partition sale, of 198.21 acres of land, which he claimed was owned by him and the defendants as tenants in common.'. He claimed an undivided one-half interest in these lands.

The defendants, a husband and wife and their son, admitted that the record title to fhe lands showed the parties to be tenants in common, and showed that the plaintiff owned an undivided one-half interest therein. However, they alleged and contended that…