Kemp v. Waters

Boot, O. J.,

delivered the opinion, of the Court.

Tenants in common, owning together a five-sixth’s interest in real property not susceptible of partition in kind, have by their bill of complaint sought a sale and division of the proceeds, and have appealed from a decree allowing only a sale at or above a reserved or upset price; and the main question is whether the right to sale can be so restricted.

The property is made up of two contiguous lots situated on Oliver and Belvedere Streets in Baltimore City, one lot being improved by a factory occupied by a corporation, the stock of which, with…