Plaintiffs claimed an undivided one-half of certain lands, on the ground that they were the only heirs, and their claim was allowed.  The evidence, however, discloses that the defendant also has an undivided one-half interest in the lands. Held: That plaintiffs are the owners of  an undivided one-half interest, but are not entitled to judgment for possession as against defendant until a lawful partition is made and judgment so modified.

Per Carson, J.