1 Del. Ch. 113
Decided February 15, 1820
Court of Chancery of Delaware · decided 1820-02-15
Petition for Partition.—This was a petition for the partition of certain real estate held by the petitioner and other persons as tenants in common. The prayer of the. petition was that a decree for partition be entered, and that a commission be issued, pursuant to the Statute in that behalf.
Decided 1820-02-15
¶1The Act of Assembly requires that all the parties should join in the petition or that a summons should he issued, directed to the persons who may not have joined. I consider that one or the other of the courses directed by the act must be followed; and the more strongly in this case, as one of the parties is an infant.
¶2The decree was refused.