Underwood v. Cunningham

Opinion op the Court by

Judge Thomas

Affirming.

On May 1, 1943, some of the children of Susan Landers filed this equity action in the Allen circuit court-against her other living children whose parents were dead, seeking to sell for division a tract of land containing 56 acres “more or less” (as described in the petition), since as alleged it could not be divided in kind without materially damaging the value of each joint owner’s share.

The husband of Mrs. Landers died some two years-prior to her death, and she died before the filing of this-action, but the date is not given. It is, however,…