Gay v. Tompkins

Plaintiff-appellant Viola Marcum Gay brought suit seeking a sale in lieu of partition against ten defendants. Eight of the ten defendants answered and admitted the averments of the complaint and agreed to a sale. Defendants-appellees Henry Tompkins and Eugenia Tompkins denied the allegations of the complaint and alleged that they alone had title to the subject property.

All of the parties derive title out of J.G. Marcum, deceased. All parties, but the Tompkinses, are children of J.G. Marcum. Any title the Tompkinses have derives from a deceased child of J.G. Marcum, one R.S. "Buck" Marcum.

The…