Bryan v. Bryan

Pitney, Y. C.

The bill has a twofold aspect and object:

First. It is a bill by three tenants in common against a fourth and his mortgagee for a partition of certain lands, the title to which the tenants derived by devise from their father, John Bryan the elder. As to this part of the case there is no room for dispute. There is none as to the title, and the right, to partition is clear.

Second. The bill shows, and it is proven, that certain portions of the lands so derived from their ancestor have been sold for full consideration to divers purchasers, and conveyed by deeds containing full…