HORNBECK, J.
This is an appeal on questions of law from a judgment of the Common Pleas Court, refusing to decree partition of certain real property upon the petition of the plaintiff.
The petition alleged that the plaintiff and the defendant were tenants in common of the real estate described in the petition, each seized of one-half interest in fee simple. Defendant, by way of answer, alleged that the interest of plaintiff, if any, in the real estate described...
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