Spencer v. McGonagle

The appellants’ complaint asserts title to an undivided interest in real estate and prays that a decree of partition be made severing the interests of the owners.

The cross complaint of the appellee asserts title to the whole of the land in controversy, and pleads specially the facts upon which the claim of title is founded. The facts pleaded arc, in substance, as follows:

On the 21st day of February, 1856, the real estate in dispute was owned by Calvin S. Dorwin, who died intestate, leaving as his heirs his widow, Jane E. Dorwin, and his children, Cornelius, Hannah, Mary, Milton and Ella;…