Overton v. Means

Opinion by

Judge Cofer:

We do not deem it important or even proper, in the absence of other parties interested in the question, to determine whether the appellant has a vested or contingent interest in the land devised by his father. Whether it be the one or the other, it is vendible and subject to sale for the satisfaction of his debts. Gen. Stat. (1879) Ch. 38, Art. 12, § 1.

The appellant was called upon to make discovery, and if he deemed it to his interest that the extent of his right under his father’s will should be ascertained by the judgment of the court, he should have stated the facts…