Keil v. West

Citations

• 21 Fla. 508

Syllabus

<p>1. In a bill for partition tbe allegation that the cotenants are seised in common of the lands is a sufficient allegation of the complainant’s possession.</p> <p>á. The possession of one tenant in common is prima fade the possession of all the cotenants. The seisin necessary to maintain a bill for partition of land discussed.</p> <p>3. Where a bill for partition states that the complainant and her sisters, who are defendants, are each seised in fee of an undivided third interest in the lands, under a deed from a common grant- or, and that no one else is interested in the property except that their mother, a defendant, “claims to have some interest therein ■and to be in possession of the premises,” and that she “refuses to set forth her interest or join in partition,” and it prays that the shares belonging to any of the parties may be ascertained and settled, and partition be made : Held, (a) The bill sufficiently states the quantity or proportionate share held or claimed by the several owners or others interested, and such other matters as may be necessary to enable the court to adjudicate upon the rights and interests of the parties, as required by the statute. (J.) A decree for partition, made after a default against the mother, and a report of the master, and adjudging that each of the sisters is entitled to a third part in fee simple, and that a partition be made and appointing commissioners to make it and assign each of them her share, adjudicates the rights of all the parties, and that the mother had no interest in the premises, and it is supported by the bill.</p> <p>4. Such decree having been followed by a decree of sale after a report, justifying the latter, the purchaser thereat, to whom a conveyance-has been made, is entitled to a writ of assistance to put him in. possession against such mother.</p> <p>5. A defendant cannot set up in answer to a petition for a writ of assistance, matter of defence to complainant’s bill, and as to which he has been conc