Saxon v. Ames

Simrall, J.:

Proceedings were instituted in the probate court, by the petitioners, a portion of the heirs of John Hollinshead, deceased, for the partition of the real estate descended. Associated with these heirs in the petition, were persons who had purchased at bankrupt sale, the undivided interest of two of the heirs. The remedy, particularly defining the mode of conducting such a suit, is given by article 117 of the Code of 1857, p. 454. The court made a decree of partition, appointing therein commissioners to carry it out. It is objected, and mainly relied upon for error by the…