Henslee v. Williams

SIMPSON, Justice.

Appeal from interlocutory decree overruling demurrer to bill in equity seeking to sell lands for division among joint owners and' tenants in common.

The demurrer challenged the equity of the bill on the principal ground that the appellant, defendant below, who is alleged to own no interest in the land, is shown by the bill to be in possession and that from aught appearing the appellees, who filed the bill, are not shown to have such title as will support the bill. The proposition is untenable.

To maintain a bill for equitable partition or sale, the complaining party need only…