Harris v. Harris

The opinion of the court was delivered by

Parker, J.:

This is a partition action in which the plaintiff appeals from the trial court’s ruling granting the defendant a new trial.

From what we have been able to glean from an incomplete and unsatisfactory record the facts leading up to the institution of this lawsuit appear to be as follows: The plaintiff, Adeline Harris, and Johnson Harris, Sr., each of whom had children living by prior marriages, were married in 1910. They separated in 1918 and thereafter ceased to live together as husband and wife. In 1926 Johnson, Sr., together with his son,…