Eberts v. Fisher

This is a bill filed for partition. As some questions are presented touching various classes of interests it will be necessary to refer to the substantial averments of the bill as bearing upon each. The court below on demurrer-dismissed the bill absolutely.

It avers as to the fee of the land, that it was owned by Phillis Eberts who died testate and devised the land to the-children of her three brothers. Those children are all named, and are eleven in number. Four of them are represented by the complainants, and seven are alleged to have assigned to Aaron C. Fisher, who is said to hold…