Dawson v. Thorpe

WRIGHT, Judge.

Plaintiffs below brought an action at law in a two-count complaint. Count 1 begins, as a code count for rent, but ultimately appears to evolve into a common count for money received by defendant to the use of plaintiffs. Count 2 is a code count for use- and occupation of land. Both counts of the complaint indicate on their face that plaintiffs and defendant are tenants in-common of the real property described' therein.

The facts of the dispute are that defendant is the widow and devisee of James. Spurgeon Brunson. The plaintiffs are brothers and sisters of James Spurgeon Brunson.…