McLeod v. Palmer

*161The opinion of the court was delivered by

Porter, J.:

Plaintiffs, who are appellees, sued in the district' court in ejectment and for partition of certain real estate and asked for the construction of the will of Hannah Dodson, deceased. Five of the defendants being nonresidents were served by publication only; the others were personally served, and appeared and answered. The court rendered judgment against the plaintiffs in favor of all the defendants who appeared and answered, but gave judgment in plaintiffs’ favor and against the defendants who were in default. Palmer, executor of the will,…