Cumbie v. Cumbie

Bussey, Justice.

In this action plaintiff-appellant sought inter alia, a partition in kind of two tracts of land, one containing approximately fifty acres and the other containing approximately fifteen acres, and, in the event that a partition in kind could not be had, for a partition by sale. The fifty acre tract of land was owned by Arthur T. Cumbie who died intestate in 1914, and the fifteen acre tract was set aside to the heirs of Arthur T. Cumbie, in 1958, as a result of a partition of a larger tract in which Arthur T. Cumbie owned an interest. At the time of his death Arthur T. Cumbie…