Hayes v. Arch

Nearly ten years after the original petition for partition was filed in this case two of the defendants, who are defendants in error here, recovered a money judgment against James W. Hayes, plaintiff in error here, on the theory that Hayes was liable to them for the difference between what they received from a sale of the property involved and what they would have received had Hayes complied with his election to take at the first appraised value. The proceedings are involved, but a statement of the progress of the litigation is desirable.

Hayes and one J. A. Brown brought the partition…