COOPER v. DAVIS

[No. 7, September Term, 1961.]

226 Md. 371 (1961)

174 A.2d 144

COOPER, ETC. v. DAVIS ET AL.

Court of Appeals of Maryland.

Decided October 10, 1961.


Attorney(s) appearing for the Case

G. Reynolds Ash and J. Gifford Scarborough for the appellant.

J. Wilmer Cronin for the appellees.

The cause was argued before BRUNE, C.J., and HENDERSON, HAMMOND, PRESCOTT and SYBERT, JJ.


HAMMOND, J., delivered the opinion of the Court.

This case turns on the validity of a parol partition of land between tenants in common. The administratrix and sole devisee of George F. Cooper, one of the tenants, brought a bill for accounting against Lester W. Davis, the other tenant, to discover the amount due Cooper for sand and gravel excavated from half the tract of land over a period of years.

In defense, the respondent pleaded and established to the...

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