Evans v. Evans

This action was originally commenced as one in partition. Partition in kind was confirmed. Subsequently, a petition for damages, cross-petitions, and a petition for an injunction were filed. These were tried in 11 different sessions, over a 2-year period. Plaintiff appeals from orders of the trial court dividing the attorneys’ fees on partition; denying several of his claims for damages; and allowing damages to the defendants-appellees on their cross-petitions. We affirm.

The principal parties are four brothers: Stewart, Robert, Donald, and Fredrick. Eloise H. Evans, their mother, died…