Cunningham

This is an appeal from an order made after an interlocutory decree, entered in a partition action, had become final. By the original complaint it was alleged that the plaintiffs and the defendants were the owners of certain described property. The descriptions nsed were legal descriptions of four parcels of land. One, and the most valuable of all, was the NE]4 of Sec. 8 in Twp. 15 N., R. 9 W, M.D.M. The several parcels were familiarly referred to throughout the evidence as the MeClury land (a 10-acre plot, unimproved, valued at $7,500), the Mountain place (a parcel of 300 acres, unimproved, valued at $15,000), the Home place (160 acres, *892 improved with a house and barn, valued at $25,000, and being the NE14 of Sec. 8 in Twp. 15 N., R 9 W., M.D.M.), and the Orlena Jones place (a 10-acre plot, unimproved, valued at $7,500). For reasons unimportant here, an amended complaint was filed, but, through error in drafting the document, the description of the home place was omitted. This omission persisted throughout the proceedings leading up to the interlocutory decree of partition, and affected- the findings, conclusions and interlocutory decree signed by the judge who tried the…