Lankford v. Milhollin

Head, Justice.

(After stating the foregoing facts.) The specific assignments (a) to (g) inclusive amount to the contention that partition should not have been granted prior to the trial of the plaintiffs’- equitable petition for accounting on all questions of income and rents. The insistence under (a) that partition should not have been granted until the defendants surrender possession is clearly without merit. The plaintiffs and defendants are tenants in common, and there is no rule of law in this State to require one cotenant of property to surrender possession to other eotenants before…