Sellwood v. Phillips

HIGGINS, Justice.

This is a proceeding in which certain co-owners of real estate are seeking a partition in kind of the property. All of the defendants except one agreed to the partition. The remaining defendant, in his answer, denied that the plaintiffs had legal title to the property, averring that’ a certain compromise agreement, through which they acquired title, was not valid because of errors of law and fact and lesion beyond moiety. He also denied that the property was susceptible of division in kind, being valuable oil land.

During the trial of the case on the merits, defendant urged…