Cox v. Kyle

Citations

• 75 Miss. 667

Syllabus

<p>1. TbkaNts in Common. Sale for division. Practice.</p> <p>In a proceeding- to sell lands for division of proceeds among tenants in common, it is error to award the whole of such proceeds to the complainants on the ground of an indebtedness of defendants to them not averred in their bill nor shown by evidence.</p> <p>2. Same,</p> <p>It is error to decree a sale of land for division of proceeds among tenants in common when defendants’ answer denies that the land is not susceptible of division without injury to the interests involved, and that it would best serve such interests for the same to be sold, and there is no evidence on the subject.</p> <p>3. Same. StaPute strictly ■pursued. Code 1892, § 3100.</p> <p>The statute providing for the sale of land for division of proceeds among- tenants in common is an innovation on the common law, and must be strictly pursued.</p> <p>4. Same. Absence of proof. Oral evidence. Recital in decree. Code 1893, $ 1764.</p> <p>A recital of the taking of oral proof in a decree for the sale of land for division of proceeds among tenants in common, does not supply the want of proof in the record to support the decree when oral evidence has not been made admissible by notice filed nor by agreement of the parties under $ 1764, code 1892.</p>