Nichols v. Padfield
Illinois Supreme Court
Appeal from -tlie Circuit Court of St. Clair county; the Hon. William H. Sxydkb, Judge, presiding. This was a bill for partition, filed October 7, 1872, by Martha L. Padfield, and Hezekiah Pad field, her husband, against William Nichols, Nancy Canada and John W. Canada.
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Appeal from -tlie Circuit Court of St. Clair county; the Hon. William H. Sxydkb, Judge, presiding. This was a bill for partition, filed October 7, 1872, by Martha L. Padfield, and Hezekiah Pad field, her husband, against William Nichols, Nancy Canada and John W. Canada. The land was owned by George Nichols at the time of his death, which was in 1833. He left surviving him only five heirs, to-wit: James Nichols, Thomas Nichols, William Nichols (the defendant), Elizabeth Nichols and Lucinda Nichols. The parol partition claimed in the defendant’s answer was alleged to have been in 1833, and…
1Opinion of the CourtChief Justice Walker
The only question presented for our consideration is, whether the answer to the amended bill was sufficient to defeat the recovery by appellees. It seems to be undisputed that appellant owns an undivided four-fifths of the lands in dispute. Appellees claim the other one-fifth, as heiz-s of their mother, Elizabeth Stroud; but appellant sets up facts, in his answez’, which he insists pz’esented a defense, but the coui't below, having opened a default, gives leave to file an answer to the merits. Oil its being filed, it was adjudged'insufficient, and, on motion, stricken from the files; and this…
2Cases cited2 opinions
- Tomlin v. HilyardIllinois Supreme Court · 1867
- Manly v. PetteeIllinois Supreme Court · 1865
3Cited by4 opinions
- Stark v. BrownIllinois Supreme Court · 1882
- Bayley v. NicholsIllinois Supreme Court · 1914
- Pierce v. McClellanIllinois Supreme Court · 1879
- Hackleman v. HacklemanIllinois Supreme Court · 1902