Weathered v. Weathered

The opinion of the court was delivered by

Marshall, J.:

Helen Weathered commenced this action to partition certain real property, she claiming to be the owner of a one-half interest therein. Judgment was rendered declaring her to be the owner of one-eighth interest in the real property and the defendants to be the owners of the other seven-eighths interest, and ordering partition accordingly. Helen Weathered appealed. After the judgment had been rendered and the appeal taken, Helen Weathered died, and the action was revived in the name of A. H. Bishop as administrator of the estate of Helen…