Hatcher v. Fields

Opinion of the Court by

Commissioner Hobson

Affirming.

James Hatcher 'brought this action in 1914 alleging that he was the owner of an undivided one-fifth interest in the tract of land in controversy. He prayed a division of the land. The allegations of the petition were controverted by answer; proof was taken and on the final hearing the circuit court dismissed the petition. Hatcher appeals. The facts are these:

On January 13, 1866, James S. Lane conveyed the land to his wife Elizabeth and their five children. The wife died soon thereafter. James P. Lane, one of the sons, lived on the land for…