Cornelius v. Stephens

Judge Rees

Affirming.

Josh Stephens, a resident of McCreary County, died intestate in 1935 leaving two sons and a large number of grandchildren who were the children of deceased sons. On August 26, 1947, an action was filed in the McCreary Circuit Court by more than twenty of the heirs in which the plaintiffs asked for a sale of the land, owned by Josh Stephens at the time of his death and division of the proceeds. The sale was sought on the ground that the land was indivisible. The land was described in five tracts. Tract No. 4 contains four acres and does not adjoin any of the other tracts.…