A petition for equitable partition of land was properly dismissed where it disclosed that other necessary and indispensable parties to the relief sought were not made parties.

The bill of exceptions assigns error on an order sustaining general demurrers to an equitable petition seeking the partition of lands, the appointment of a receiver, an accounting and an injunction.

Emma Elizabeth Poole and four other named persons alleging themselves to be the children and issue of children of W. J. Poole and Mrs. R. A. C. Poole brought their petition against Claude F. Poole III and two other named parties, wherein they alleged that the defendants and others not named as parties were the owners of a certain described tract of land in Land Lot No. 61 of the 7th District of Worth County and prayed for an equitable partition.

1. (a) In any proceeding for partition under Chapter 85-15 of the Code of 1933 the owners seeking it are required in their petition to plainly and distinctly allege the facts and circumstances of the case, describing the premises to be partitioned "and defining the share and interest of each of the parties therein." 85-1504. An application for partition and accounting under this chapter is in the nature of a proceeding in equity. Griffin v. Griffin, 153 Ga. 547 (113 SE 161). In Hill v. McCandless, 198 Ga. 737 (32 SE2d 774), this court held that a petition for equitable partition should have been dismissed on the motion of the defendant where the partition disclosed that one cotenant was not made a party to the case. In Jackson v. Jackson, 208 Ga. 592 (2) (68 SE2d 469) this court held: "The evidence showing that there were other heirs who would be necessary parties to partitioning but who were not parties to this action, the court did not err in withdrawing from the jury count two praying that the land be partitioned. Jones v. Napier, 93 Ga. 582 (20 SE 41); Wright v. Hill, 140 Ga. 554 (79 SE 546); Hill v. McCandless, 198 Ga. 737 (32 SE2d 774)."

(b) The petition further discloses that before partition could be granted in this case it would be necessary for the court to cancel or reform five deeds executed by Mrs. R. A. C. Poole and neither the grantor nor the several grantees are parties to the case. They are indispensable parties to a suit seeking reformation or cancellation of these deeds. Wyche v. Green, 32 Ga. 341; Sowell v. Sowell, 212 Ga. 351 (92 SE2d 524).

The petition being subject to the ground of general demurrer for the want of necessary, essential and indispensable parties, it is unnecessary to determine whether it was subject to any one of the other eight grounds of the general demurrer.