Boone v. Boone

The two actions consolidated herein were each instituted for the partition of the same lands. All parties claim under the will of Joshua Boone, deceased. There is no dispute whatever as to the interests or shares of the several parties. The simple controversy- in the court below was over the question which action was first instituted; the defendants in each instance pleading in abatement the pendency of another suit. The cases were consolidated for trial. Upon hearing all the testimony a decree for the partition of the lands was entered in the case last above entitled. It was further ordered…