Dils v. Kentland Coal & Coke Co.

Opinion of the Court by

Judge Rees

Affirming.

This is a suit brought under section 490, subsection 2, of the Civil Code, for the sale of jointly owned real estate on the ground of indivisibility. The lower court dismissed plaintiffs’ petition, and they have appealed.

The exterior boundaries of the land described in the petition and sought to be sold are the same as the boundaries set out in the patent to A. P. Baum and Daniel English dated October 12> 1871. The Baum and English patent purported a grant of 18,000 acres after “excluding 19,200 acres for prior claims.” On June 24, 1872, John Dils…