Owen v. State ex rel. Owen

This was a suit on a bond executed by a commissioner appointed by the court to sell real estate in a partition case, in which the lands could not be divided without damage to the owners.

The act concerning the partition of lands provides that “such sale shall he made by a commissioner tobe appointed by the court, other than one of the commissioners to make partition; and such commissioner shall file a bond'payable to the State of Indiana, in such penalty as the court may direct, conditioned for the faithful discharge of the duties of his trust.” 2 G. &. H., § 20, p. 365, It is contended that…