Section 44-6-165. Objections and defenses to right of applicant, writ, or return; jury trial

   At the term of the court when the application is made or at the next term after the partitioners have made their return, any of the persons against whose right or title a judgment is sought may file objections to the right of the applicant and the writ of partition or to the return of the partitioners, as the case may be, and may, by way of defense, show any good and probable matter in bar of the partition asked for or show that the petitioner does not have title to as much as is allowed and awarded to him by the partitioners or to any part of the land; in such event, the issue shall be tried by a jury as in cases of appeals to the superior court.

Laws 1767, Cobb's 1851 Digest, p. 582; Code 1863, § 3901; Code 1868, § 3925; Code 1873, § 4001; Code 1882, § 4001; Civil Code 1895, § 4791; Civil Code 1910, § 5363; Code 1933, § 85-1509.