Swanson v. Calhoun

Simmons, Justice.

A. C. Calhoun filed his petition for partition, in the superior court; in which he alleged that he was a legatee under the will of Wm. IT. Calhoun, and was entitled to and then owned a sixth-interest in 805 acres of land, and that Martha Swanson was in possession of the whole tract. Martha Swanson objected to the partition of the land, and claimed that she was entitled to the present possession thereof, and that under the will, the land was not to be divided until after her death. The case was submitted to the court on the following agreed statement of facts: William H.…