Gibson v. Gibson

John A. Fogleman, Justice.

Appellant Nora Gibson, widow of' Herman Gibson, was assigned an 80-acre homestead by the Probate Court of Craighead County. She filed a partition suit against the appellees, the two sons of Herman Gibson, in the Chancery Court of Craighead County. The sons, as heirs and devisees of Herman Gibson, were the owners of the 80-acre tract, subject to Nora Gibson’s homestead. Appellees moved that the suit be dismissed. This appeal was taken from the order granting this motion. We find no basis for reversal.

It has been said that the right to partition is purely statutory.…