John v. Turner

Riley, Judge:

In this partition suit of William S. John against Edgar D. Turner, in his own right and as executor of Jane Deyarmon Turner, deceased, and others, the plaintiff John and one of the defendants, Thomas H. Hudson, appeal from a decree of the Circuit Court of Monongalia County which, .among other things, refuses partition to the defendant Hudson and awards partition to the plaintiff John of an 8.137-acre tract of coal as a separate tract, thereby denying appellants an opportunity to have their shares laid off together.

The pertinent parts of the record before us consist of a second…