Darby v. Schoolcraft

This action was brought for partition of certain real estate, one tract of which was owned by Robert Dillender, deceased, and two tracts owned by Robert Dillender and Margaret Dillender, both deceased, as tenants by the entirety. The appellants are the heirs-at-law of Margaret Dillender; the appellees are the heirs-at-law of Robert Dillender.

Cause was tried upon the issues formed by the complaint for partition, appellants’ cross complaint for partition, amended answer and the reply and answer thereto. The issue was whether the appellants were the owners of any interest in the real estate…