Powell v. Jackson

CHAPMAN, Justice.

Appellants in this Court, plaintiffs below,' are the lineal heirs of Eliza Jones Curry. They filed this suit in the court below in the nature of a partition. The claims asserted are by virtue of the Statutes of Descent and Distribution, under a warranty deed dated December 12, 1910, from S. C. Curry to Eliza Curry, his wife, the same person as Eliza Jones Curry.

Appellee, Harvey K. Jackson, is the nephew of S. C. Curry and the sole beneficiary in his will. S. C. Curry’s first wife, Eliza Curry died in 1946, leaving no children or parents. He married shortly there after but in…