Dennis v. Dennis

This partition suit involves the proper method of dividing certain real estate left by Elizabeth Dennis, deceased, among her six children and heirs at law.

The record shows that Elizabeth Dennis died seized and possessed of six acres of land upon which she resided, and an undivided one-half interest in a tract containing eighty-seven acres which she owned jointly with her son, Albert Dennis. The correctness of the proceedings in the lower court as (to the six acre tract is not disputed.

The first question that arises with respect to the division of the eighty-seven acre tract grows out of the…