Forbes v. Littell

The above entitled case was first before this Court at the January term, 1920. It came here upon a. demurrer to the bill of complaint. The effect of the demurrer was to admit all matters properly pleaded. Among the allegations of the bill at that time was one to the effect that all the parties in interest were parties to the proceeding. Ho proof was taken and the cases proceeded to a decree.

The theory of that bill was that the parties to the suit, were tenants in. common and, when such is the relation of the parties and all are adults, a decree has frequently been upheld without proof.

After…