Ralph v. Ball

The opinion of the court was delivered by

Burch, J.:

The action was one of ejectment and for partition. The plaintiff recovered and the defendant appeals. The principal question involved is whether or not the action was barred by the statute of limitations.

Waitman F. Joseph died testate in March, 1894, leaving twenty-four living grandchildren, including Grace Ball, who was the defendant’s wife, and the plaintiff. The will gave Grace Ball a life estate in the land in controversy, but provided that should she survive the testator and then die without issue surviving her, the land should become…