1 Aik. 350 | Vt. | 1826
The opinion of the Court was delivered by
The petitioner claims to be owner of two undivided third parts of a sawmill and utensils, and mill-yard and pond, &c. and shows in his petition how he derives title, to wit, by deeds from sundry persons, of the name of Pratt, and alleges that Amos Turner, the intestate, died seized of the other undivided third part, and that the three petitionees occupy the same. The fair import seems to be, that they occupy jointly. The petition concludes with appropriate averments, that he cannot use and occupy to advantage, and prays for a partition of the premises.
There are three pleas by the petitionees, on the two first of which issues are joined, and to the third there is a demurrer. This plea and demurrer present the only questions now to be decided. The substance of this third plea is, that the premises are not partible, and that the petitionees use and occupy by
The judgment of the Court is, that the plea in bar is sufficient.