Smith v. Brasseale

Appellee filed the bill seeking the sale of a piece of land, .which de-, scended to the parties as cotenants from their common ancestor. Appellant Smith filed his cross-bill, averring an agreement between himself and the other eotenants — of whom there were two besides the original complainant — by which they had agreed that he should have possession for the purposes therein stated, and, in substance, it may be conceded that there should be no partition among them. Cross-complainant averred, among other things, that original complainant, in violation of the agreement between the parties, had…