Roswell v. Driver

James H. Pilkinton, Judge.

This lawsuit involves title to real property; and the issue for determination is whether proper service was had on one party who, it is admitted, owned an undivided interest in the land.

David T. Roswell and Ray Evans originally owned the land involved as tenants in common, each owning an undivided one-half interest. Mr. Roswell died and his interest passed to his widow and only son, David Patrick Roswell, the appellant. Mr. Evans sold his undivided interest to Mr. and Mrs. John B. Driver, and they have brought this partition action to have the land sold and the…