Hardy v. Sexton
Hardy v. Sexton
Opinion of the Court
Partition. Plaintiffs allege title in themselves to the undivided one-half of the premises, and in defendants to the other undivided one-half. Defendants deny plaintiffs’ title, allege title in themselves to the whole, and plead the statute of limitations. The plaintiffs, after proving that Box and Summers were the owners of the premises in 1853, and
It will be observed that we are passing solely upon the admissibility of the evidence as against the objection made. Judgment reversed and cause remanded for a new trial.
¡We concur: Sharpstein, J.; Thornton, J.
Reference
- Full Case Name
- HARDY and Others v. SEXTON and Others
- Status
- Published
- Syllabus
- Partition—Evidence.—In an Action for Partition, where plaintiffs allege title in themselves to the undivided one-half of the premises and in defendants to the other undivided one-half, and defendants deny plaintiffs’ title, allege title in themselves to the whole, and plead the statute of limitations, on the trial, after defendants have proved the entry of their grantor under one H., it is competent for the plaintiffs to show that H. acquired his title from B., who had been joint owner with plaintiffs’ predecessor in interest, to the end that it might be determined whether the acts of defendants and their grantors had been sufficient to bar the plaintiffs’ right of recovery.