Longley v. Sewell

The plaintiff filed a petition in the probate court July 1, 1891, to sell real estate to pay debts. Sale was made. On July 3, 1893, he filed a supplemental petition, alleging that he had by oversight omitted from the petition three certain lots of land, and, alleging also that certain *377debts, of which he attached a schedule to the supplemental petition, were unpaid, prayed for a sale of the three lots. The debts were balances due the same creditors named in the schedule attached to the original petition.

The defendants, the Sewells, deny the right of the plaintiff' to sue, for the reason that…