Ralston v. Ralston

*620The opinion of the court was delivered by

Hopkins, J.:

The action was one to partition real estate. Willard Ralston claimed to own the entire estate, was defeated, and appeals. The question presented is whether he lost his right of appeal by acceptance of benefits under the challenged judgment.

The facts are substantially these: Robert Ralston died in 1912, intestate, leaving as his survivors, his widow, Hannah Ralston, and five children, Willard, Carhartt, R. L., Emily and Mary. Prior to his death he had deeded 160 acres of land to his children, Carhartt, Emily and R. L., taking from the first…