Leard v. Leard

The appellants, on tbe 15th of January, 1868, filed their petition in the court below against the appellee, for partition of real estate. The petitioners were the brothers and sisters of John Leard, who died in March, • 1865, seized in fee of the lands sought to be partitioned. The appellee is the widow of the deceased. A demurrer *172was sustained to the petition, and this presents the question in the case.

In May, 1857, this court, in Wilkins v. Miller, 9 Ind. 100, held, that sections 1, 2, 3, and 4, of chapter 38, Laws of 1853, p. 55, were unconstitutional, following the ruling in Langdon v.…