Whitcomb v. Smith

This was a suit between the heirs at law of James Smith, deceased, for partition between them of the lands of which he died the owner. Other persons were made parties for the purpose of settling the title to a small portion — fourteen acres — of said land. The appellees William H. Smith and Claudius Smith were made defendants, and filed a cross-complaint, alleging that William H. Smith is a grandson of said James Smith, deceased, he being the only child and heir at law of William Smith, who was a son of said James Smith, deceased, and that said William died before the death of said James;…