Smith v. Smith

This was an agreed case to determine the respective rights and interests of the parties in certain lands.

The facts, as agreed upon, so far as they are material to the question, are these: William II. Smith, deceased, who was the father of the parties, half sisters, died intestate, June 16, 1857, seized in fee of the lands; leaving surviving him the appellant, who was the only issue of his first marriage, and the appellee, who was the only issue of his second marriage, and the appellee’s mother, his second wife. The second wife died intestate in January, 1860, seized of whatever interest she…