McCann v. McCann

Faville, J.- —

John McCann died on or about July 18, 1923, seized of the real estate involved in this action, consisting of a 160-aere tract and an 80-acre tract. In 1923, action for partition of said real estate was begun, the several heirs being parties thereto. Decree was entered in said action on August 25, 1926, ordering sale of the premises and appointing a referee. Sale was had in December, 1927. Prior thereto, but while the partition suit was pending, to wit, on January 29, 1924, one Hood recovered, judgment against one of the defendants in. the partition suit, Michael McCann, in the…