Ward v. Corbett

This was a proceeding instituted in the Probate Court, for the partition of a small lot of land, under Article 1, Chapter 14, Title 2, Part 3 of the Code of 1876, commencing with section 3497. The petition sets forth that the land is held and owned by four equal tenants in common, of whom the petitioner, Mary Corbett, and Peter Ward, the appellant, are two. In proceedings such as this, in the Probate Court, the partition can only be made by lot; and hence, if the land be not susceptible of division into equal parts, or parts of equal value, partition can not be made by metes and bounds; and…