Ware v. Hitchcock

The opinion of the court was delivered by

Johnston, J. :

In this action Libbie Ware sought the partition of a tract of land in Sumner county, in which Hiram Hitchcock and four of his children had an interest. It constituted a part of the Osage trust and diminished reserve lands, and in September, 1870, David Spencer and his wife, Catherine M. Spencer, settled and made some improvements upon it. They had one child, Libbie Spencer,.who is the plaintiff in this action, and was then about seven years of age. In January, 1872, David Spencer died without having entered or taken any steps to procure…