Black v. Washington

Citations

• 65 Miss. 60

Syllabus

<p>1. Supreme Court Practice. Bill in Chancery. Objection thereto not taken in court below. Case in judgment.</p> <p>The objection that a bill for partition is in effect an action of ejectment, inasmuch as the complainants had neither actual nor constructive possession of the land, which was held adversely by the defendant, must have been made in the lower court to be availed of here.</p> <p>2. Partition. Of estates for life and in fee. Case in judgment. See. 2553 applied.</p> <p>W. and others held a one-half interest in fee simple in a certain tract of land. B. held a one-fourth interest in fee therein, and an estate for the life of another in the remaining fourth. Held, that the land was subject to partition under Sec. 2553, Code of 1880, which provides that “partition of land held by joint tenants, tenants in common and co-parceners, having an estate in possession, and not in reversion or remainder, whether the joint interest be in the freehold, or in any term of years not less than five, may be made by decree of the Chancery court.”</p>