Spight v. Waldron

Citations

• 51 Miss. 356

Syllabus

<p>Equity Jurisdiction : Partition of lands. Legal title.</p> <p>Where the complainant files his bill for a sale of lands for partition, the right to such relief implies a joint ownership between the complainant and the defendant, and the special remedy is not framed on the predicate that the complainant may litigate and establish his right against the defendant, and then in the same suit have a sale for partition. The rule is, that a court of equity will never grant the relief when the com plainant’s title is denied, or is suspicious, until he has established his title at law. Partition can only be made between those in actual or constructive possession; other claimants must establish their right by suit at law, and obtain actual seizure, before they can demand partition.. A mere right of entry will not sustain a proceeding for partition.</p>