Parks v. Kimes

Best, C.

The appellees brought this action against the appellants to obtain partition of eighty acres of land in Marshall county, in this State.

Issues were formed, a trial had, a finding made for the appellees, an interlocutory judgment entered, and commissioners appointed to make partition of the land. The commissioners reported a division of the land, setting off nine acres to the appellee Penelope, after which the appellants made a. motion for a new trial and a motion to set aside the report of the commissioners,' both of which were overruled, and these rulings are assigned as error.

The…