Meyer

In this case the complaint is filed to obtain a decree to quiet title. There is a slight inaccuracy or informality in it where the plaintiff avers his possession of the property in controversy. The allegation is, that he is the owner and occupier thereof, and not that he is in possession. As this however appears to have been purely accidental, the averment is sufficient upon this point. It seems Kinzer’s wife joined in the deed conveying the property to the grantors of plaintiff, though for what reason the joinder was made, it may be & little difficult to conjecture, for the property being then held in common by her husband and self, it was subject to Ms right of disposition» A mortgage was given by the purchaser to the vendors at the time of the sale, which was subsequently assigned by Kinzer, and wMeh in the hands of the assignee was paid by the mortgagor, who subsequently conveyed the property to plaintiff. Mrs. Kinzer in her answer now claims a moiety of the amount to secure which the mortgage was given, contending that by the common law, the presumption arising from the fact of the mortgage having been given jointly to her and her husband, is, that he intendedit as a gift or…