Harris v. Crowder

Opinion of the Court by

Judge Olay

Reversing.

Laura Motley owned an undivided two-tbirds and H. B. Crowder an undivided one-tbird interest in a tract of laud located in Allen county. Laura Motley died intestate on November 28, 1918, leaving as ber only beirs ber *490two infant children, Samuel Jewel Motley and Jerotha Beatrice Motley. Her administrator brought suit against the infants and Crowder to sell the land on the ground of indivisibility. Crowder filed an answer, stating that it was true, as alleged in the petition, that the land could not be divided without materially impairing its value,…