Preston v. Virginia Mining Co.

*246This suit was instituted for the purpose of having partition of two small tracts of land of ten acres and a fraction each, lying a mile or more from each other in the county of Oarroll, and within a large boundary of land owned by the appellee mining company. The circuit court held that the defendant mining company was not a tenant in common, joint tenant, nor co-parcener of the plaintiffs, and that a court of equity was, therefore, without jurisdiction to make partition of the two tracts of land in dispute. The bill was, therefore, dismissed, but without prejudice to the rights of the…