Herron Trust v. Swarts

JACKSON, Justice.

This action was brought in the trial court by Lee Swarts, as plaintiff, against the defendant, Herron Trust, et al., for the purpose of quieting title to 239.60 acres of land in McCurtain County, Oklahoma. After determining the interests of the parties, commissioners were appointed for the purpose of partitioning the land under appropriate provisions of 12 O.S.1951 §§ 1501— 1516, as amended. The questions presented involve a proper construction of 12 O.S.1951 § 1512, as amended in 1953 (12 O.S.Supp, 1959, § 1512), which provides as follows:

“If partition cannot be made, and…