Page v. Van Tuyl

The opinion of the court was delivered by

Dawson, C. J.:

The question in this appeal is whether a district court having jurisdiction of an action to partition the real property of an intestate estate must yield jurisdiction of the property to the administrator claiming dominion over it by virtue of an order of the probate court.

The material facts were these: The late W. A. Page, of Butler county, died intestate on May 2, 1938. He was the owner of some farming land in Butler county and some 1,600 acres of land in Thomas county. He also owned considerable city property in El Dorado, and certain…