Louden v. James

Enoch R. James died, intestate, seized of real estate, leaving surviving him a widow, a second wife, by whom he had no children, and also children and the descendants of children by a previous marriage. Partition was made of his real estate, and a portion was set off to the widow. She has since died, and now the administrator de ■bonis non ajaplies for an order to sell the land so set apart to the widow, to make assets to pay debts of the intestate.

These facts appearing by the complaint, a demurrer there*70to for want of sufficient facts was sustained, and upon that ruling error is assigned here.