McSweeney v. McMillen

Franklin, C.

Appellants filed against appellees a petition for the partition of ninety-seven acres of- land, and part of the north half of lot No. 56, in the town of Rushville, and alleging that Mary A. E. McSweeney is the owner of the undivided one-third of the land and one-half of that portion of the lot, and asking that it be set apart and delivered to her.

The petition states, that one John McMillen, in March, 1857, died a resident of said county and State, leaving Mary McMillen, his widow, and Samuel E. McMillen, Rebecca Morris, James T. McMillen and Mary A. E. McMillen, his children ;…