owners in foe simple and tenants m common of 80 acres of land in Shawnee township, and that Etta Devinish, William Marquess and John L. Marquess are each the owner of one twenty-first part of said lands, and that {he other petitioners and defendants are each the owner of one-seventh part of said lands. The petitioners ask the court to declare the parties to the suit owners in fee simple and to render to each his or her respective share, or if the court finds that the land is not susceptible to partition to appoint a commissioner to sell the land and distribute the proceeds to each heir as their interest may appear.