Bean v. Northcutt

BOULDIN, Justice.

In a suit in equity for the sale of lands for division among tenants in common, if the interests of the several parties is a matter of controversy, the court should find and decree what share or interest is owned by each of them in advance of the sale of the property. In this cause the court decreed the lands were owned by the complainants and one of the respondents as tenants in common, and thereupon, decreed a sale of the property, reserving all other questions until the coming in of the report of sale.

There was error in decreeing the sale to be had in advance of a decree…