Otley v. M'Alpine's heirs

Supreme Court of Virginia
Otley v. M'Alpine's heirs, 2 Va. 340 (Va. 1845)
Cabell

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.

Reference

Status
Published