Young v. Young

The opinion of the court was delivered by

Hutchison, J.:

This was an action for partition brought by the husband of a deceased wife who owned land and town property. She left four sons and one daughter surviving her, all of whom were of age. One of the sons died since her death and left surviving him a *877wife and two children who were made parties defendant in the partition suit.

The wife executed a will on July 25, 1933. She died on April 12, 1936. On April 28, 1936, the father and the five children borrowed $1,600 from the First National Bank of Chanute, Kan., and all of them signed a note to…