Frakes v. Elliott

This case is here for the third time. When first here the principal points decided were: 1st. That one tenant in common may sue his cotenant for his undivided .share of the land. 2d. A widow’s interest can not be sold upon an administrator’s petition for an order to sell land for the payment of the husband’s debts, and that the order of the court assuming to direct the sale of the widow’s interest was void because the court had no jurisdiction to make the order. Elliott v. Frakes, 71 Ind. 412. When the case was here the second time, the main points presented for decision and decided were:…