In Re Finley

The petitioner sought initial registration of a parcel of property which she alleged to own in fee. The court below denied her application and she is here on an- appeal from that judgment.

The facts appearing from the record before us are as follows: On and prior to June 7, 1920, the property was owned by one Rosalie C. Fuller, who on that date contracted to sell it to H. C. Frederick for $3,362.50, payable in installments. Thereafter and on January 7, 1921, Frederick, in consideration of $2,650 paid to him and the assumption by the assignees of the payments to Rosalie C. Fuller, assigned the contract to Thomas Finley and Ellen Finley, who entered into possession of the property on February 1, 1921. Thomas Finley died on June 22, 1921. The escrow instructions of Thomas Finley and his wife Ellen Finley, the appellant, to the escrow-holder of the papers and funds involved in the assignment from Frederick to them called for the assignment to be made to them as joint tenants with the right of survivorship, but for some reason not appearing from the meager record before us this was not done. The money paid to Frederick was taken from funds brought into this state from an eastern state…