Horton v. Horton

Opinion of the Court by

Judge Thomas

Reversing.

This suit was brought in the circuit court by the appellants, who are the children of D. B. Horton by his first *132wife, against his widow, who was his second wife, and her children by him, to sell for the purposes of division amongst the heirs a tract of land in Allen county containing fifty acres.

The decedent died intestate in 1902, and it is alleged that his widow, the appellee and defendants, Kitty A. Horton, with his children by her, continued to occupy the land until some time in 1916, at which time she abandoned it and moved into the state of…