54 Ga. 95 | Ga. | 1875
This was an application for an order to sell a house and lot in the city of West Point for the purpose of having a partition of the same between the parties as tenants in common, the applicant alleging that a fair, equitable division of the house and lot cannot be had without a sale thereof. On the trial of the case, the court held and decided that the applicant for partition did not have such a title and interest in the house and lot as would authorize the partitioning of the same, and refused to grant the application; whereupon, the petitioner excepted.
2. Inasmuch as the parties cannot now jointly use and occupy the premises as contemplated by the contract between
Let the judgment of the court below be,affirmed.