Worth v. Butler

The opinion of the court was delivered by. Benson, J.:

Earl Worth, the plaintiff, alleging that he owned an undivided one-sixth of 200 acres of land by inheritance from his deceased grandmother, Barbara E. Butler, sued for partition. J. T. Butler, one of the defendants, claimed one-half of the land as the surviving husband of Barbara E. Butler. The other defendants, George E. Butler and Minnie Higbee, her sole surviving children, claim to own the land in fee as *514grantees in instruments which they allege convey 160 acres of the land to George E. Butler and 40 acres thereof to Minnie Higbee.…