Blythe v. Hines

DOOLIN, Justice:

We granted certiorari on September 9, 1977, under Rule 3.15 of the Court of Appeals, 12 Ch. 15, App. 3. No application for additional briefs alleging good cause has been filed by either party; this matter will be decided on the briefs heretofore filed.

The facts are not disputed.

Upon the death of a “common ancestor,” Tom F. Blythe, the real property of deceased descended in undivided interests to decedent’s widow, Jewel Hines (defendant herein) and his mother, (plaintiff’s grantor). Defendant and plaintiffs’ grantor effected a voluntary partition of the subject land, the effect…