Richardson v. Barnes

When two or more persons own land as tenants in common, any one or more of the cotenants may institute a proceeding before the clerk of the Superior Court of the county in which the land is situate for the division of the land to the end the unity of ownership and possession may be severed and the tenants in common may own their respective shares in severalty. It is a remedy provided exclusively for tenants in common, though a person owning an estate for life may .join in the- proceeding. G.S. 46-24. Therefore, the proceeding, if adversary, must be instituted by a tenant in common against his…