Breedlove v. Austin

This was an action for the partition of real estate, brought by the appellee, as widow of John D. Austin, deceased. In her petition, under provisions of section 2652, Burns’ R. S. 1894 (2491, R. S. 1881), she claimed to be the owner in fee-simple of one-third of the lands described, of which her husband had been the owner during their marriage, and in the conveyance of which she had never joined.

From the averments of appellants’ answer it ap*695pears: That, on March 17, 1870, the said John D. ‘Austin, his wife, the appellee, not joining, executed his mortgage upon the land in question to secure a…