Adams v. Gardner

Opinion op the Court by

Judge Clay

Reversing.

B. F. Gardner owned a tract of land in Magoffin county. He died intestate and P. W. Gardner, one of his heirs, brought suit against the other heirs for a sale of the land on the ground of indivisibility. The land was sold to A. H. Adams, who filed numerous exceptions to the'report of sale. The exceptions were overruled and the sale confirmed. Adams has appealed.

It is first insisted that the warning order against the nonresident defendants was defective and that the court erred in rendering judgment against them without any evidence to support the…