Cooper v. Fox

Citations

• 67 Miss. 237

Syllabus

<p>1. Partition. Proceedings therefor. Proper parties.</p> <p>It is not proper to join as defendants in a partition suit all persons having an interest in the land, but only such as have an interest in the partition. Nugent §• McWillie v. Powell, 63 Miss. 99, cited.</p> <p>2. Sajie. Who may obtain partition. Defense. Outstanding title.</p> <p>Partition will not be decreed in favor of complainants who have no title to the land sought to be divided ; and a defendant who has riot entered under a common claim of title may defeat a partition by showing outstanding title in a stranger to the suit.</p>