Camicia

This action was brought by plaintiffs to secure the partition of certain property owned by plaintiffs and defendants as tenants in common. Trial by jury was waived. Pursuant to stipulation of the parties the trial court made and entered an interlocutory decree which adjudged that the two plaintiffs, husband and wife, were the owners of an undivided one-fourth interest each, in the property in controversy, and that defendant Antone J. Camicia was the owner of an undivided one-half interest therein, and appointed three referees to make partition. Thereafter said referees made their report in which they alleged that they had divided the property according to the respective rights of the parties “quality and quantity relatively considered, as nearly as could be without prejudice to the rights and interests of the said parties, into two equal parts. ...” Plaintiffs then moved the trial court to modify or set aside the report of the referees, contending that the division was not fair or just. This motion was denied, and a motion made by defendants to confirm the referees’ report was granted. A decree confirming said report, and partitioning the property pursuant to the division made by…