Whitsell v. Porter

Opinion of the Court by

Stanley, Commissioner

Affirming.

The question is whether or not the purchase of a tract of land at a judicial sale should be held to be for the use and benefit of a number of heirs. The chancellor resolved the question in their favor under the law of joint adventure. The purchaser, Whitsell, appeals from the judgment.

The heirs of James Kirkwood, who died many years ago, had joint title to an undivided three-fifths interest in 31 acres of land, the other two-fifths belonging to strangers to the estate. It was to be sold and a division of the proceeds made under decree in a…