Dewitt v. Ackerman

The Chancellor.

The bill is filed for the partition of two lots of land in the county of Passaic. The complainant claims title to a share of an equal undivided half part of the land, under the will of Elizabeth Dewitt, At the date of the will, the land was subject to a mortgage, which was subsequently foreclosed. Both lots were sold by virtue of an execution, issued upon the decree. The purchaser at the sheriff’s sale convoyed the entire promises to Richard Ii. Ackerman, one of the defendants, who is in possession, claiming title. The only question in controversy between the parties is,…