Smith v. Gorham

Berkshire, J. —

The administrator, Thornton G. Gorham, filed his petition to sell real estate for the payment of debts, to which the heirs of the decedent were made parties, and proper notice given. The appellants, who were not of the heirs of the decedent, claiming to have an interest in *437the real estate which the administrator was seeking to have sold, were, on their own application, made parties defendants to the petition, and appeared and filed an answer, in two paragraphs, to which demurrers were filed by the administrator and overruled by the court.

Among other things which are averred in…