Smith v. Johnson

Polk, District Judge.

This is an action in partition involving 160 acres of land in Burt county, Nebraska. It was instituted by the devisees under the will of Emma B. Samson against Lydia M. Johnson, devisee under the will of Oscar Samson, and others. From a decree denying partition an appeal is prosecuted to this court.

The record shows that Oscar Samson and Emma B. Cull were married on October 5, 1911, and at this time he was 62 years of age and she was 44 years of age. He was the father of five children by two prior marriages and she was the mother of three children by a prior marriage. They…