Porter v. Perkins

The cause was submitted without argument, and the opinion of the Court delivered to the following effect by

Parsons, C. J.

This case comes before the Court on a case stated by the parties, whence two questions arise.

The first question is, whether from the facts disclosed in the depositions referred to, it is a presumption of law that a regular pai tition by deed was executed by Bradstreet and Nason, the tenants in common.

It appears that twenty-seven years ago, there was by these tenants a several possession in fact, and that they declared that they had made partition, not expressing whether by…