First National Bank v. Carter

The opinion of the court was delivered by

Burch, J.:

The action in the district court was one for the partition of real estate which was owned by James Carter in his lifetime. He died intestate, leaving a widow and minor children in the occupancy of the premises as a homestead. While some of the children were still minors the interest of an adult s.on, D. N. Carter, was sold on execution to satisfy a judgment against him in favor of the plaintiff, the First National Bank of Hays City. The plaintiff purchased at the sheriff’s sale. The sale was duly confirmed and a sheriff’s deed was issued and…