Henry v. Wolfe

Opinion op the Court by

Chief Justice Stites—

Reversing.

Appellants, who were the plaintiffs below, are the children and grandchildren of Joseph Henry, deceased. Appellees are the children of Isabel Henry, the deceased widow of Joseph Henry. It is alleged in the petition that appellants and appellees are the owners of a certain tract of land in Grant county which cannot be divided without materially impairing its value, and a sale is asked under the provisions of section 490, subsec. 2, of the Civil Code of Practice. It likewise appears from the petition that Isabel- Henry died within six months…