Montz v. Montz

This is a suit for partition. The question presented is one of law.

Where two or more heirs have inherited in indivision two or more pieces of real estate and, though they have never been sent into possession by a judgment of court, they have irrevocably and unequivocally indicated their intention to accept the succession and, for seventeen years, have actually used the property, do they continue to hold it as co-heirs so that no one of them may demand a partition of one of the pieces of real estate without requiring a partition of all of the succession property, or are they to be considered…