Palmer v. Palmer

delivered the Opinion of the Court.'

Robert- Palmer moved the county court of Bracken to appoint commissioners to make partition between the widow and heir's of his deceased father, of a tract of land, which, as the notice stated, they held as coparccners. Tlie court dismissed the motion; and the fact, qie w claimed t'he whole tract, under a nunev* *391jtalive will, is assigned by (he county court, as the only reason for the dismission.

To authorize a proceeding in a county ■ court, for the partition of estate descended among theheiis,it must appear, that the land,being with in the county,is…