Herrman v. Golden

This case concerns the question of whether an 80-acre tract of farmland was orally partitioned in 1939 by its then-owners as tenants in common.

On May 18, 1979, plaintiff, Donald Herrman, filed suit in the circuit court of Tazewell County against defendants, Clarence Golden, Lewis Friedrich, Kenneth Fornoff, and Melvin Fornoff, seeking partition of the 80-acre tract. The complaint alleged plaintiff and defendant Golden to be tenants in common in equal shares. Defendant Golden answered, claiming that the tract had previously been orally partitioned by his deceased brother, Bert Golden, and…