Walston v. W. H. Applewhite & Co.

We have set out the pleadings and the evidence rather fully in our statement of facts for the reason we are unable 'to reconcile them with certain contentions argued in the respective briefs.

It will be observed that the plaintiffs do not allege in their complaint that the 5.9-acre tract of land, which they allege is owned in fee by Charles Walston, is subject to the dower of Mrs. Jeanette Day. Yet in their brief they do so contend. On the other band, the defendant contends in its brief, that Charles Walston’s tract of land is not subject to the dower of Mrs. Jeanette-Day, and alleges in its…