McIntosh v. Williams

F. B. and W. E. Williams instituted proceedings, under sections 5358 et seq. of the Civil Code of 1910, against F. A. McIntosh, to partition land, and in their petition alleged that the plaintiffs were the owners of four-fifths interest, and the defendant was the owner of one-fifth interest. After the partitioners made their return, by which they divided the land as prayed for by the plaintiffs, the return was objected to by the defendant on the ground that no oath had been administered to them. The court sustained *802the objection, and ordered the partitioners to make a new return under oath.…