Bowden v. Teague

GOODWYN, Justice.

This is an appeal from a decree of the circuit court of Monroe County, in equity, overruling demurrer to a bill for sale of land for division.

The determinative question presented on this appeal is whether the bill as last amended sufficiently alleges the parties’ interest in the land.

“A bill in equity to sell lands for division among tenants in common should disclose that the parties to the bill, complainant and respondent, are the sole owners of the lands, the interest of each of the parties therein, that the same cannot be equitably divided without a sale for that purpose,…