Brown v. Taylor

This was an action by the appellee, against the appellants, for the partition of certain lands. The facts were found by the court specially, on which the question of law arises.

The facts found are, that Jonathan C. Hiatt died intestate, in the year 1875, seized of the land in controversy.

*296Jonathan C. Hiatt had three children, viz., Cynthia A. Brown, "William Hiatt and Sylvester Hiatt, all of whom died before the said Jonathan C. Hiatt.

Jonathan C. Hiatt left no children alive at the time of his death, but only the following grandchildren, to whom his estate descended, viz., Leander M. Brown,…