Boyers v. Boyers

Opinion of the Court by

Morris, Commissioner

Reversing.

The parties named in the caption are brothers who jointly inherited from their mother, who died intestate in June 1934 a tract of land containing about 94 acres. In his petition plaintiff (Jake Boyers) alleged in substance that prior to the death of the mother she expressed a desire that the tract be divided between the two sons according to improvements and fertility of the soil, and that a fence be built so as to set apart to Willis a tract on the southeast side, and to Jake a tract on the northeast side. No fence was built during her…