McKinstry v. Carter

The opinion of the court was delivered by

Horton, C. J.:

This action was commenced in the court below by James McKinstry, to recover an interest in certain real estate situate in that county, or its value if partition could not be made. He claimed under a conveyance from W. R. Colcord, who, he alleged, was interested, with W. H. Carter, Thomas B. Campbell and Prank Thornton in the real estate described in his petition. The case was tried before the court with a jury, and the jury found, among other things, that W. R. Colcord owned at one time an undivided one-fourth interest in the land in…