Nicholson v. Caress

— This is the second time this cause has been before this court. When it was here before, the only-question arising in the record was the sufficiency of the appellants’ complaint; and it was then held by this court, that the complaint was good. Nicholson v. Caress, 45 Ind. 479.

We approve of, and adhere to, the decision then rendered. The action was brought by the appellants, against the appellee and others, to obtain partition of certain real estate in Washington county. The principal question considered by this court, when the case was here before, was the construction which ought to be…