Schissel v. Dickson

McBride, J. —

This was a suit for the partition of land. There was a trial by the court, a special finding of facts, and conclusions of law stated thereon.

The case comes to us on exceptions to the conclusions of law. The facts, as found by the court, are substantially as follows:

In the fall of 1868 one Mary J. Hilton died intestate in the city of Indianapolis, seized in fee simple of certain real estate in that city — the property in controversy herein. She left surviving her as her sole heirs, her husband, "William W. Hilton, and an infant daughter, Cora B. Hilton, who was *141born July 12th,…