0001

The answer of Thomas Snell to the petition of partition of Benjamin S. Prettyman, exhibited against him, in the Tazewell county circuit court—

This Respondent, saving and reserving to himself the benefit of all just exceptions to the manifold errors, insufficiencies, and untruths in said Petition contained, for answer says, it is time that Richard H Snell, conveyed to said Petitioner whatever right he had in and to the real estate in said Petition described, substantially by the, manner in said Petition alleged— Respondent admits that said Richard H. Snell at the time, owed one undivided half of said real estate, but he denies that he was the owner of the undivided three fourths, or of any greater part than on half. Respondent charges that he, being the owner of the whole of certain portions of said real estate, and said Richard H. Snell, the owner of the whole of certain other portions of it, they, by agreement, mentally conveyed to each other, the one undivided half of the respective portion, by which they became joint and equal owners of the whole; that in the deeds of mutual conveyance, the property was not described by numbers in the usual way, but only in substance as the undivided half of all the real estate owned by the respective granters — that respondent placed upon record the deed he received from said Richard H. but said Richard H. did not then place his deed upon record— that some one, two, or three years afterwards said Richard H called on respondent and claims that he, Respondent, had never made the deed, as aforesaid, and that he should them make it — Respondent insisted he had already made it, but on examining the records, and not finding it, he was induced to suppose it possible he was mistaken, and therefore executed another deed of 0002 similar import, again describing the property, substantial as the undivided half of all he owned— After this said Richard H. fraudulently placed both of said deeds upon record; and this it is, and not otherwise, that he was made to appear to be the owner of the fourths of the said property— Respondent the charges that said Richard H procured said second deed from him by friend; and that, at the time said Petitioner took the conveyance from said Richard H he Petitioner, had notice of said frau— Respondent therefore prays that if, in the progress of this cause said Petitioner shall present said second deed, as a basis of his title, to an extent, he, Respondent be allowed to attach it for fraud, and to have it exchanged And now having fully answered, Respondent prays Thomas Snell