From New Hanover.
A man dies seised of lands situated in two counties. The lands in one county are partitioned among the heirs at law, by commissioners appointed by the County Court, agreeably to the provisions of the act of 1787, ch. 17. This partition does not preclude the Court of Equity from decreeing a sale of the lands situate in the other county, if it appear to the Court that partition cannot be made of the lands without injury to the parties interested.
BY THE COURT. —
The verdict of the Jury is, that the lands cannot be divided without great injury to the petitioners, and that a sale would be greatly to their interest. This brings the case completely within the act of 1812, ch. 25, which authorizes the Court to make an order of sale in all cases where an actual partition cannot be made without injury to some one, or all, of the parties interested. That the lands in Orange have been divided, makes no change in the power of the Court as to those now in question. (209)