Bryson v. Phillips

The opinion of the court was delivered by

Burch, J.:

The question presented by the appeal is whether the *530district court, in a partition action, had original jurisdiction to determine descent, and involves the construction which should be given in the case to the proviso appearing in G. S. 1947 Supp., 59-2250, which reads:

“Provided, Nothing in this act shall be construed to divest district courts of power to determine descent in any proper proceeding.”

The district court held that it had no jurisdiction of the action because the petition disclosed that it was necessary to determine the heirs of…