Sims v. Clayton

The opinion of the Court was delivered by

Mr. Justice Carter.

Plaintiff brought this action for the purpose of having- the Court construe a deed, dated November 12, 1917, from Mrs. E. A. Sims to Nathan Augustus Sims and Nancy Agnes Sims (now Agnes Sims Clayton), and also for the purpose of having partitioned in kind the real estate described in the deed and owned in common by the two grantees. The complaint alleges that Nathan A. Sims “owns a fee simple conditional title to his moiety of said property.”

The plaintiff, Nathan A. Sims, and the defendant, Mrs. Nancy Sims Clayton, are twins, have…