Horton v. Horton

McGehee, G. J.

The sole, issue presented by this appeal is whether or not the appellees, S. O. Horton and others, who are three of the children of W. E. Horton, deceased, are entitled, as against his widow, Mrs. Minnie Horton, and the remaining five children, to have a tract of land consisting of 113% acres sold during her widowhood for a partition of the proceeds where the same is not contiguous to a forty-acre tract on which the decedent had built his residence and resided until his death, and where his widow and some of the children have continued to reside, and where both tracts have been…