Lynch v. Jackson

THOMAS, Justice.

The bill sought partition of real property among cotenants by its sale.

A material part of the testimony was taken orally before the circuit court and judge rendering the final decree. It is supported by the intendments that prevail. Hodge v. Joy, 207 Ala. 198, 92 So. 171.

The respective insistences are that the possession of the land by Mrs. Lynch, formerly Mrs. Espy, was in recognition of complainants’ right, title, and interest therein ; the contrary insistence being made that the long holding by Mrs. Espy was not merely permissive, but was open, notorious, and adverse to the…