Martin v. Martin

Action in equity to quiet title and partition 120 acres of described real estate in Stone county. The court found for defendants on both counts and entered judgment accordingly. Plaintiffs have appealed.

The real estate in question was owned by one Jesse Thomas Martin (hereinafter referred to as Martin), who died intestate December 4, 1919, leaving his widow and eleven children, ten of whom were minors. Ten of these children are now plaintiffs in this cause and a minor son of a deceased son is one of the defendants.

[545] The petition (count 1) charged that at the time of Martin's death the…