Warrick v. McCormick

*801Opinion op the .Court by

Judge Miller —

Affirming.

The appellants, James W. Warrick;, Luticia T. War-rick and Myrtle Rummage, brought this action against their co-tenants, Earl Rummage, Ethline Rummage and Ellis Rummage, under section 490, subsection 2, of the Civil Code, for the purpose of selling a tract of land containing 75 acres, upon the ground of its indivisibility, and for a division of the proceeds among the several joint owners. At the sale the appellee, John F. McCormick, became the purchaser. He filed five exceptions to the report of sale, four of which were overruled. The court,…