Christopher v. Mungen

On Rehearing.

Whitfield, C. J.

It is earnestly suggested in a petition for rehearing that the court overlooked some of the features of this case that would affect the result. But this is not justified aS a most careful consideration was given to every aspect of the case. The proceeding is not collateral but direct, and the paramount object of the *536bill is not to decree a title in the appellee by declaring her an heir of her father and by divesting the heirs of the trustee of a legal estate; but apparently the dona fide object of the suit is the partition of land between common owners thereof,…