Vierheller v. Vierheller

JACKSON, Justice.

This is an action brought by Alfred Vierheller, as plaintiff in the trial court, to partition approximately one and three-quarter sections of land in Harper County, Oklahoma. The plaintiff and his two sisters and two brothers acquired this land in the distribution of the estates of their parents. One of the brothers, Gaylord Vierheller, filed an answer and cross-petition in the trial court and the cross-petition was dismissed and stricken from the files by the trial court.

Gaylord Vierheller has appealed from the order dismissing and striking the cross-petition from the files.…