Howell v. Howell

The only question involved at the trial was whether there should be a partition of described land. It was admitted by the defendant that the land could not be divided by metes and bounds. The only issue raised by the defendant was as to the quantity of his interest. He denied that he owned the interest as alleged by the petitioners, and insisted that he owned a larger interest. The basis of his claim of a larger interest was set out in his equitable cross-petition to be that a certain deed executed by himself and seven brothers to his mother and six sisters should be set aside and canceled on…