Dickison v. Reynolds

Action of ejectment. The plaintiff had' judgment in the court below.

The plaintiff was one of the heirs at law of Frederic Diekison, deceased, and he claims the lands in dispute under-partition proceedings in the probate court, whereby they were set off to him in severalty. The seizin of Frederic Diekison, his death, and the descent of the title to the-plaintiff and others, are not disputed, but the proceedings in partition are contested as not being in compliance with the-statute. The defect which is particularly pointed out is the want of a decree of the probate court assigning the residue…