Brattain v. Hite

This action was instituted by the plaintiff in error for the partition of certain real estate in Grant county. The parties will be referred to as plaintiff and defendant, as they appeared in the trial court.

The defendant in error alleged that the land was the homestead of Thomas Hite and his family during his lifetime, and that upon the death of Thomas Hite, the defendant, as the surviving widow, had the right to continue to occupy the homestead, and that the property which the plaintiff sought to partition was such homestead and not subject to partition. The plaintiff denied that the…