60 Neb. 464 | Neb. | 1900
This is an appeal from an order made by the lower court in an action therein commenced to have partition of the estate of one William McCIave, who, in 1888, died intestate, being a resident of the state of Ohio, and owning at the time of his death real estate situate therein, and in Lancaster county in this state. 1-Ie left a widow and numerous heirs, among the latter being Stewart Mc-CIave. Against the said Stewart McCIave, Robert E. Moore and Sarah J. Alloway held judgments, which, upon the death of William, became liens upon his share in said estate situate in this state. In the action for partition, it was shown, on trial, that deceased had, during his lifetime, advanced to said Stewart McCIave some $2,800, which the court properly found should be de
It is claimed by appellant that the action of the loAver court, so far as it proceeded in the action, should be reversed for the reason that it failed to set aside the dower or life estate of the widow, and of another of the parties, a widow of one of the heirs. We do not think that question is properly before the court for decision. If the plaintiff desired the court to set aside the dower interest of the widow, he should have asked the lower court to proceed further in the premises, and if the lower court should refuse to so proceed, he had his remedy. There is nothing of record to show that the lower court refused to proceed further in the premises.
It seems that the interest of Stewart McClave in the
We have carefully read the proceedings of the lower court, and, as far as it has proceeded in the premises, find no error, and for that reason the order appealed from is
Affirmed. '