Hayden v. Newman

The defendants contend that the court erred in failing to confirm the report of the commissioners, and in directing that the matter be determined by the casting of lots.

*320The, plaintiff contends that a partition action in this state is an equitable action, and that it was therefore proper for the court to modify or direct the modification of the report of the commissioners in order that equity might be done; that in determining the matter in controversy by lot and approving the result of such determination the court, in effect, recognized that the plaintiff was equitably entitled to the north…