Lowry v. Lowry

The opinion of the court was delivered by

Wedell, J.:

This was an action in partition between heirs. Defendants prevailed and plaintiff appeals.

It was agreed the parties were entitled to partition of the real estate, but the fractional interest of the parties "was in dispute. The interest of the parties in the land depended primarily upon the legal effect of two instruments in the form of warranty deeds executed by one of the heirs to certain other heirs. That issue was tried by the court without a jury and resolved against the plaintiff, who contended no interest was passed by the instruments.

B…