Borders v. Murphy

Appellee filed his bill in the Perry circuit court, against appellants, for the partition of 80 acres of land, of which John Osborn, in 1854 or 1855, died seized. At his death, he left surviving him a widow, since deceased, and four children: William and Henry, his sons, and Martha and Mary J., his daughters. The latter married Archibald Beggs.

It is admitted that Samuel Montgomery is the owner of an undivided one-fourth of the entire tract; that Absalom and Moore H. Wilson own another one-fourth, in which-their mother has dower. Appellee claims an undivided fourth, but his title is disputed;…