Supreme Court of Virginia, 1845

Otley v. M'Alpine's heirs

Otley v. M'Alpine's heirs
Supreme Court of Virginia · Decided October 15, 1845 · Cabell
2 Va. 340

Otley v. M'Alpine's heirs

Opinion of the Court

Cabell, P.

delivered the opinion of the Court.

The Court is of opinion, that the Court below erred in dismissing the bill of the appellant. Instead of dismissing the bill, it ought to have allotted to the appellant, in severalty, one third part of the land, of which partition was claimed. The decree is therefore reversed with costs; and the cause is remanded, to be proceeded in to a final decree, according to the principle now declared.

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