Hoover v. Haller

This is an action brought in the district court in equity to partition personal property. The trial court held that the action could be maintained. We sustain the trial court as to *698jurisdiction. The trial court held that the plaintiff was entitled to an undivided five-sixths interest in the property. We reverse the decision as to that and remand the case.

Plaintiff brought this action as guardian of the estate of his mother, Estella A. Powell. After the trial, and pending ruling upon a motion for a new trial, the ward died and the action was revived in the name of plaintiff as administrator.

The…