McKinney v. Smith

This was a suit for partition. The appellant claimed to be the owner, as tenant in common, with Eorena Smith, of a certain tract of land in Vigo county.

The facts, as set forth in the complaint, are as follows: William Smith died July 3d, 1866, leaving Christiana Smith, his childless widow by a second marriage, and Samuel Smith, •a son by a former wife. During his marriage with Christiana he conveyed to his son Samuel the tract of land in question, his wife not .joining in the conveyance. After his death his widow, in the year 1883, intermarried with Elijah McKinney, ■and during such…