Burton v. Burton

— This was an action for partition, brought by the appellants. The complaint charges that the plaintiffs are the only heirs at law of John Burton, deceased; that he died intestate, in September, 1865, seized of the lands of which partition is sought; that the defendant is his widow, *343being a second wife, and the plaintiffs are grand-children by a former marriage.

J. P. Baird,, C. Cruft and W. Mack, for appellants. H. D. Scott and G. C. Duy, for appellee.

The appellee filed an answer, denying that John Burton died intestate, and charging that he left a will, setting out a copy thereof; that the…