Culton v. Simpson

Opinion op the Court by

Drury, Commissioner—

Reversing.

This litigation was begun in equity by Charley Culton et al. (hereinafter called the Culton heirs) against Alice Culton et al. for the sale of a 92% acre farm for the purpose of partition. Ham Simpson et al. (hereafter called the Edwards heirs) intervened and asserted the farm belonged to them. The cause was transferred to the common-law docket for a jury trial, and, at the conclusion of the evidence for Culton’s heirs, the court directed a verdict for the Edwards heirs, and the Culton heirs have appealed.

The Suit To Sell.

In their suit…