Schmidt v. Schmidt

Some of the co-owners, in indivisión, of certain described property, petitioned the court for a partition thereof.

A partition by licitation was ordered and the property was sold.

All of the co-owners, including the widow W. B. Donovan, individually and as natural tutrix to her minor child, petitioned the court for the homologation of the partition and the cancellation of the minor’s mortgage *104resting upon the property in order that the purchaser might obtain a clear title thereto.

The partition was homologated, the proceeds of the sale of the property allotted to the widow W. B. Donovan were…