Swartzel v. Rogers

*381By the Oowrt,

Bailey, J.

On the 26th day of July, A. D. 1864, the defendant in error, Sally Rodgers, brought an action in the District Court of Wyandotte county, under the act of February 3d, 1860, “ to provide for the partition of real estate,” (Comp. L., 740,) claiming in her petition an undivided one-half of a tract of thirteen hundred and three and 48-100 acres of land in one body, situate in that county, alleging that the plaintiffs in error were tenants in common with her, thereof. Service of the notice required by law was by plaintiffs in error waived, who appeared and answered, denying…