Clark v. Stephenson

— Appeal from a judgment in partition. The appellant has assigned error upon the action of the court in. overruling his demurrer to the complaint and his motion for a new trial. The action was by the widow of the deceased owner of the land, and her share was set off.

In reference to the complaint, the counsel for the appellant claim, ‘ ‘that the right of the widow to partition is against the heirs alone, and not against the creditors of the estate of her deceased husband. Their right, if any, is independent of hers, and can not be curtailed or enlarged by her claims or concessions.” The…