Cluster v. Gibson

Jacob Cluster, the ancestor of the parties to this suit, was, in his lifetime, the owner of the land in controversy, and died intestate, leaving said parties his heirs.

Gibson and some of the other heirs filed a complaint in the Grant Court of Common Pleas against Daniel Cluster, Peter Cluster, and other heirs, for partition.

Daniel Chister, the appellant, answered, claiming title to the premises in controversy. He alleged that he had bought, paid for, and taken possession of the land. The purchase was by parol. His answer was in the nature of a cross-complaint, asking a judgment for specific…