Roberts v. . Dale

Clark, O. J.

Tbis was a petition for partition wbieb upon tbe plea of sole seizin was transferred to tbe civil-issue docket at term. At tbe close of tbe evidence tbe court refused tbe motion to nonsuit and charged tbe jury that there was but one issue, “Are tbe plaintiffs and defendant tenants in common of tbe land in controversy, as alleged in tbe petition?” and instructed them that tbe plaintiffs alleged that they owned two-tbirds of the land and tbe defendant one-tbird, and that if tbe jury found tbe facts to be as testified to by tbe witnesses, to answer tbe issue “Tes.” Tbis presents tbe…