Sharpe v. Davis

The trial court, upon request, found the' facts specially, and stated conclusions of law thereon. The only question which this record presents is, whether the law 'was correctly ascertained and rightly applied to the facts stated in the special finding.

The facts exhibited by the finding are substantially as follows : Clinton and Harvey Davis acquired by devise from their father two farms, one in Henry county and the other in Knox county, the latter the property here in controversy. The brothers Clinton and Harvey agreed to make partition of the lands devised to them, and agreed that Harvey…