Johnston v. Smith

John A. Fogleman, Justice.

The question involved on this appeal is the propriety of allowance of attorney’s fees to a party seeking and obtaining partition of real estate.

Appellee Ruth Johnston Smith, the widow of A. J. Johnston, brought an action for partition of lands owned by him at the time of his death. Appellants, who were devisees and a widow and heirs of a deceased devisee under the will of A. J. Johnston, were named as defendants. The devise of the lands involved under which appellants claimed was made subject to the homestead and dower rights of appellee. In her complaint, appellee…