Evansville Improvement Co. v. Gardner

Action by appellee against appellant for the partition of real estate located in Warrick county. *403The real estate involved was conveyed by appellee’s husband to a trustee for the benefit of his creditors in which conveyance appellee did not join; such real estate, being thereafter sold by the trustee in the assignment proceedings to appellant.

The trial court found that appellee was the owner of one-third of the real estate, and that she was entitled to partition. Commissioners were appointed and they reported that the real estate could not be divided. Thereupon the court ordered the real…