Lanier v. Gay

Reid, Chief Justice.

This is a partition proceeding brought under the Code, §§ 85-1504 et seq., 85-1511, and upon allegations that the land involved could not be fairly and equitably divided by means of metes and bounds, for reasons stated in the petition. The prayer was for appointment of three commissioners and for sale of the entire tract, and that the proceeds be divided between the co-owners. Those named as defendants filed an answer to the petition, claiming that the plaintiffs were not co-owners and had no interest in the property. This issue turned upon the construction of a deed. The…