Vasey v. Board of Trustees

The facts of this case are briefly as follows:

Benjamin and Fountain Seawell purchased the land in controversy, in the year 1855. In 1860, they, with their wives, executed a mortgage on the premises to appellees, to secure the payment of a note then signed by them and Samuel Sea-well. Thomas Seawell signed the note sometime after the execution of the mortgage.

It is claimed, that parol partition was made between the two Seawells soon after the purchase. There was no possession in conformity therewith. Benjamin was never in possession, and the occupancy of Fountain was of the whole tract, so far…