Judgment reversed on the law and new trial granted, with costs to appellant to abide the event.
Plaintiff's attorney expressly disclaimed any intention to partition the plot, despite the fact that the summons is entitled "Action for Partition". While the amended complaint does ask that graves 1 and 5 "be assigned and transferred to the plaintiff to be his sole and exclusive property", in this action in equity the relief may be moulded to meet the circumstances of...
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