Bailey v. . Hayman

New trial.

Petition for partition here on appeal at the Fall Term, 1940. See Baileyv. Hayman, 218 N.C. 175, 10 S.E.2d 667. The plaintiffs filed a petition for the sale of certain lands for partition, alleging that they, with defendant Hayman, were "the owners in fee, tenants in common, and in possession" of the lands described, setting out the alleged interests of the several parties. The defendant, answering, denied the allegation of cotenancy and of plaintiffs' ownership, alleging that he "is the owner of in fee simple, and in the sole possession" of the lands described. Defendant further…