Eiszler

The decree herein adjudges that the plaintiffs and the defendant are equal owners as tenants in common of the real property described therein, subject to a lien in favor of defendant for certain moneys paid out by her. The defendant has appealed and contends that the judgment should have been in her favor as sole owner of the property. The court found:

Plaintiff Mary E. Waldron testified, relative to the execution of the first deed, that she, at defendant’s request, asked their mother to deed the property to the defendant in trust for all of the parties to this action, but that the mother refused, “saying she would leave all her children alike, wanted everything equally divided”; that the defendant then said to her mother that “if she would leave it in that way, when she recovered, she would return the paper to her again, it would be as nothing”; that the mother replied, “This is much against my wishes, but if you think best, I will do it”; that the defendant then said, “Yes, mother, when you get well, I will give you the paper”; that the deed was thereupon executed, and that in June, 1910, the defendant returned the deed to her mother. The evidence is sufficient to show that the…