Smith v. Smith

Beuben H. Smith made application to have certain farming land, comprising about seventy acres, partitioned between himself and his brother, alleging that they were remainder-men in fee simple under the will of their father," after a life-estate devised to their mother, who had died before the application was made. The defendant filed objections to the application, and also filed equitable pleadings by which he claimed that a parol partition had been made between himself and his brother during the continuation of the life-estate, and that this had been followed by possession and the mating of…