Cleveland v. Spilman

This was a suit for partition by the appellant. A demurrer to the petition having been sustained, we are called upon to review that decision of the court below.-

The petition, as amended, alleges that on, &c., one John. Spilman, father of the defendant Spilman, was seized in fee of the south half of the northwest quarter ' of section 36, township 3 south, of range 12 west, in Gibson county; that he did not own or claim to own any other lands anywhere; that he then made his last will and testament, (a copy of which it is alleged is filed with the complaint,) by which he. devised the land…