Hodges & Dejarnette v. Thornton

Sims, J.,

after making the foregoing statement, delivered the following opinion of the court.

The questions presented by the assignments of error will be disposed of in their order as stated below.

1. Was the occupancy of the lands involved in the instant case, that is, the possession (which means the right to the possession), undivided, so that neither the plaintiffs nor defendants know their part in severalty?

The question must be answered-in the negative; from which it follows that the parties are- tenants in *117common and the bill for partition was good upon the demurrer.

As said in 1 Minor or…