Carter v. Penn

This was a petition for partition, in which the appellee averred that he owned in fee an undivided one-third^ and that the appellants owned in fee the other two-thirds of certain real estate.

The defendants denied in their answer that the petitioner owned the third claimed by him, but averred that while he held . the legal title the real ownership was in another, and that his only interest was that of a mortgagee for money advanced by him to the true owner, and setting up that this true owner was the widow of the ancestor of defendants. That the widow had at a previous term had her dower and…