Peterson v. Younker

The case comes before us in a peculiar way. We shall state only such facts as are essential to an understanding of-matters discussed herein.

A petition was filed in equity to partition several tracts of land between plaintiffs and defendants. Appellees Radtke, Stern, and one M. A. Humphrey, now deceased, were appointed referees to partition the land. Such tracts of land were not susceptible to physical division and could only be partitioned through sale. One of the tracts of land was sold and the other tracts of land were leased. The referees received $7,000 for the tract of land that was…