Elser v. Heinzer

Appellees filed their hill in the court below, asking for partition of certain premises in Cook county, and made August G. Elser a party defendant thereto.

Elser answered, setting up and claiming a larger interest in the premises than the bill conceded to him. This larger interest appellees afterward, by an amendment of their bill, conceded. There was an interlocutory decree in accordance with the amended bill. Commissioners were appointed, who reported that the premises were not susceptible of division.

It was then made to appear to the court, that subsequent to such report, Elser, without the…