Bennett v. Bennett

The opinion of the court was delivered by

JohnstoN, C. J.:

This was an action for the partition of a tract of land in Miami county. The partition was made as prayed for by the plaintiff, and defendant appeals.

It appears that a controversy arose between the parties as to the share of land to which each was entitled and oral evidence on the question was received. The record discloses that no motion for a new trial was made by the defendant, and for that reason the plaintiff asks a dismissal of the appeal. Another ground for which a dismissal is asked is that the defendant has accepted the…