Milburn v. Waggoner

The appellees brought suit against the appellant alleging that the three parties were the sole and only heirs of Robert Milburn, who had died intestate, owning in fee simple certain described land in Martin County, Indiana; that they were owners in fee simple of the described realty; that the realty could not be divided without material injury and damage, and asked that a sale be ordered, with a division of the proceeds, but did not ask for attorney’s fees. To this, appellant filed an answer of general denial and a second paragraph of answer alleging that the appellees (with their husbands…