
    Slade versus Green.
    EJECTMENT. The devisor gave three lots to his wife and two children, equally to be divided : one of the children died after the death of the devisor, whereby his third descended to the surviving child, who sold two of the lots. The third was left unsold a considerable time.
    
      Slade for the Plaintiff.
    
      Woods for the Defendant.
    If one entitled to two thirds of three lots, sells two lots, the sale is evidence of a partition.
   By

the Court.

This is evidence of a partition, and that the third lot was assigned to the widow.

Verdict accordingly.  