Allen v. Allen

SAVOY, Judge.

Plaintiff filed a suit for partition by lici-tation alleging he was the owner of an undivided one-half interest in real estate acquired at a tax sale. Defendant filed, among other pleadings, a general denial alleging she was the owner of all of the property involved. After a trial on the merits, the district judge declared plaintiff to be the owner of an undivided one-half interest and decreed a partition by licitation. Defendant has appealed.

The record reveals that Fleming Allen acquired the property in 1938. The deed did not recite his marital status. In 1926, Fleming Allen and…