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· 4/15/1906

Lawson v. Bonner

Citations

  • 88 Miss. 235
  • 40 So. 488

Syllabus

<p>1. Partition. Reversions and remainders. Code 1892, § 3067. Pwi'ties. Costs.</p> <p>Under Code 1892, § 3067, so providing, rights in reversion and remainder are not affected by partition proceedings, and reversioners and remaindermen are improper parties thereto, and, where improperly joined, costs should not he adjudged against them.</p> <p>2. Same. Specific allotment Toy decree. Commissioners.</p> <p>In partition proceedings, under ordinary conditions, the decree of the court should not allot a designated part of the premises to one ■ of the parties, but the division should be left to commissioners.</p> <p>3. Same. Siipreme court practice. Decree an entirety.</p> <p>A decree for partition is in its nature an entirety and cannot be reversed in part.</p>

Judges: Whitfield

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