Fitzpatrick v. Dubois

DEADY, District Judge.

This suit was commenced on May 30, 1S72, and is brought to “declare and establish” the rights of the parties thereto, in and to a certain tract of land, described in the bill as claim 9S, containing 321.80 acres, and situated in Marion county, and to procure a partition thereof. The defendants answered the bill, except Du-bois, who made default.

On February 17, 1S73, the cause was heard and submitted on the bill, answers, replications and proofs. A large portion of the evidence taken in the cause is irrelevant and incompetent, but the material facts are not seriously…