Thames v. Mangum

Citations

• 87 Miss. 575
• 40 So. 327

Syllabus

<p>1. Chancery Pleading and Practice. Partition. Oo-tenants. Parties.° Gode 1892, § 3101.</p> <p>Where a tenant in common of lands executed a deed purporting to convey the entire estate, his co-tenants may maintain a bill in equity to set aside the deed, so far as it affects them, and for partition of the lands, or sale thereof for division of the proceeds, against immediate and remote vendees, claiming through said deed, under Code 1892, § 3101, authorizing the court in suits for partition to adjust equities between joint owners.</p> <p>2. Same. Statute of limitations. Infants.</p> <p>A bill in equity appearing upon its face to be barred by the statute of limitations cannot withstand a demurrer merely because the complainants sue by next friend, there being no averment that they are infants.</p>