Smith v. Smith

Paul Ward, Associate Justice.

The issues to be decided on this appeal emanate from an attempt to partition land in which appellant (a minor) held an undivided one-half interest in fee and appellee held a dower interest. One Henderson Smith was the owner of the land at the time of his death in 1942. Appellant is his grandson and appellee is his widow. Appellant is eighteen years old and has at all pertinent times been represented by a guardian who is his mother.

Stripped of the maze of pleadings and legal maneuvers, the real issues to be decided are as hereafter set out.

One. Appellant contends…