Keith v. Ault

A demurrer was sustained to appellant’s complaint for ejectment; and the correctness of this ruling is the only question for our consideration.

From the complaint it appears that on the first day of November, 1881, one James H. Lemmon, who was then the owner of the land in controversy and of certain other lands, departed this life intestate, leaving as his only heirs his widow, Mary A. Lemmon, and the appellant, Georgiana L. Keith, his adopted daughter; that partition was made of decedent’s real estate between said widow and adopted child; that the part of said real estate so set off to said…