Welliver v. Jones

The circuit court of Douglas county sustained a general demurrer to the bill filed by appellant in this case for partition, and dismissed the bill for want of equity.

The facts averred which are material to the question involved are as follows: Charles Welliver, the owner in fee of the tract of land sought to be partitioned, devised the same by his last will and testament in the following words: “To my wife, Morganna, and her heirs by me.” He died January 13, 1880, leaving said Morganna Welliver, his widow, and Ama Welliver, their only child. Ama Welliver died intestate in September, 1880,…