Williams v. Capital Mining, Lumber & Oil Co.

*773Opinion op the Coubt by.

Chieb Justice Hobson—

[Reversing.

Isaac Williams brought this suit against the Capital [Mining, Lumber and Oil Company. He alleged in the petition that he and it were the sole owners jointly of a tract of land described by metes and bounds in the petition, which was indivisible; that the land came into their possession by reason of a patent of date December 1,1865 issued to him and Elias Kennard jointly, and that afterwards Kennard conveyed .his undivided one-half interest in the land to the defendant; that no other person had any interest in the land, and that he and…