Looney v. Elkhorn Land & Improvement Co.

Opinion of the C'ourt by

Judge Thomas

Affirming.

The appellant and plaintiff: below, Malinda J. Looney, filed this action in the Pike circuit court against appellee and defendant below, Elkhorn Land & Improvement Company, seeking to establish her title to a 1/40 undivided in*199terest in and to a tract of land to which, defendant claimed the -entire title. She alleged that the land conld he divided by allotting to her the interest she claimed without materially impairing the value of each share.The answer denied her title and asserted entire ownership of the land in defendant. The defensive pleading…