Phillips v. Dorris

Ragan, C.

Jason G. Miller brought a suit in the district court of Saunders county against John D. Phillips and others. In his petition Miller claimed to be t'he owner in fee of an undivided one-third interest in certain real estate de*294scribed in the petition. The prayer was for a partition of the land. Before the trial of thé action Miller died and it was revived in the name of his administrator. The case then proceeded to trial, and resulted in a judgment partitioning the lands. Neither the widow, the heirs, nor devisees of Miller were made parties to the action. The judgment of the district…