Opinion.

' The bill is not aptly drawn, but we think it sufficiently alleges the parol partition. The prayer for relief seems to rest the case *379mainly uipon. the alleged mistake in the deed of November, 1871, but it does not do tbis to the exclusion of the right growing out of the parol partition. The partition is clearly shown by the testimoney.

Decree reversed and decree here for defendant on tbe cross-bill.