Berry v. Abbott

The question is whether the cemetery lot described in the petition shall be partitioned.

Chapter 95, Revised Code 1915, provides for the partition of lands and tenements held by tenants in common. (Ex parte Burgess, 1 Del. Ch. 233.)

Section 3274 of that chapter also provides that if, upon the return of a summons in partition, the respondent shall not appear “or appearing shall not show sufficient cause against making partition of the premises, the said Orphans’ Court shall enter upon the record of the court a decree that such partition be made among the parties interested.”

Section 3279 of the…