BLACKBIRD, Justice.
This appeal on original record involves the partition of 420 acres of land in Atoka County, that was part of the estate of William A. Shaw and Lizzie Shaw, both deceased.
After some of the defendants in error, as plaintiffs, had commenced one action to partition said land, and plaintiff in error had commenced another one, as plaintiff, the first action was abated and, upon the parties agreeing thereto, the two actions were thenceforth treated...
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