Thomas v. Thomas

Mitchell,, J.

Ambrose E. Thomas, in a formal complaint for partition, wherein the appellees were named as defendants, alleged that he was the owner in fee, as tenant in common, of an undivided one-eighth of certain real estate described, which jre prayed might be partitioned according to the interests of the several tenants, as such interests were specifically alleged.

The appellees answered that the land described had been owned in fee by Andrew Thomas, deceased, who departed this life testate, in the year 1878, leaving as his heirs a widow •and ■ eight children. The appellant and the…