The original bill of appellant was filed August 31st, 1858, in Hancock Circuit Court, and alleges that Zadock Stevens, deceased, the father of all the complainants therein, except William Stratton, was in his lifetime seized as owner of the south-east quarter of section one, township three north, range six west; that Zadock Stevens being so seized, died in July, 1838, leaving complainants, (except Stratton,) and also Epaphras B. Stevens, Joseph F. Stevens, Jerusha Wheeler (intermarried with Alvah Wheeler,) Angeline Frost (intermarried with Jacob D. Frost,) and Mary Ann Bradley, wife of Morris L. Bradley, his only heirs and devisees. That by his said death, complainants, Sylvester Stevens, Zadock W. Stevens, Charles L. Stevens, Jerusha Wheeler, Angeline Frost, Mary Ann Bradley, Epaphras B. Stevens and Joseph F. Stevens, became tenants in common, or coparceners of said land, each of them owning one undivided eighth thereof. That after the death of Zadock Stevens, said Joseph F. Stevens, Mary Ann Bradley and Angeline Frost, conveyed their interest in said land to Alvah Wheeler, and that Epaphras B. Stevens conveyed his interest in said land to William Stratton ; that said Wheeler had conveyed some part of said land to Levi G. Patchen, but as to the date of such conveyance, or amount of land conveyed, complainants are ignorant.

That said land was chiefly valuable for the timber thereon ; and that Wheeler had cut and removed therefrom, timber of the value of $6,000 ; alleges a desire to have the land divided, or if that cannot be done, a sale made of the same, and the proceeds divided according to the interests of the parties.

Asks for answer under oath; that Wheeler be required to account and pay for the timber cut upon and removed from said land; that commissioners be appointed to make partition of the land if that can be done, and for such other and further relief as may be consistent with equity.

At the October term, 1858, said bill was, by leave of court, amended so as to show that a portion of said premises had been conveyed, before the filing of said bill, by said Patchen, to one Philip L. Wheeler, who was made a party, and required to answer said bill, not under oath.

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