Judgment unanimously modified on the law and facts in accordance with the Memorandum herein, and as so modified affirmed, without costs to any party.
Memorandum:
Plaintiff's intestate and defendant were tenants in common of certain property in the Town of Pendleton, which is the subject of this partition action. While there is a presumption that tenants in common share equally in their common tenancy, such a presumption is rebuttable if the facts show that...
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