Small v. Roberts

The question in this case which we are-called upon to decide is as to the rights of. the female appellant in the proceeds of certain real estate, which was sold in a proceeding for partition, because it could not be divided. The first husband of the female appellant died, the owner in fee simple of the land, leaving her, his widow, and also the appellees, two children, surviving' him. She married again to her co-appellant, before the commencement of the proceeding in partition. The court in ordering the sale directed that one-third of the proceeds of the sale of the land be paid to her…