Brokaw v. Richardson

Appellant’s Motion for Rehearing.

Upon a further consideration of the question involved in this case, we have con-*688eluded that we erred in our disposition of the -cause upon original hearing. We have concluded that plaintiffs below and appellants here did allege facts showing the creation of a cotenancy between them and defendants created by the same act of law. When Lucinda P. Wiggins died, leaving the property in controversy, by the same act of law the plaintiffs acquired the legal title in the remainder therein, and their father, B. P. Wiggins, acquired a life estate therein; thus they…