McCartney v. Robbins

The opinion of the court was delivered by

Burch, J.:

The action was one of ejectment. The plaintiffs were devisees of remainders after a life estate. Fannie E. McCartney and the life tenant joined in a mortgage which was foreclosed. The defendant claims under the purchaser at the foreclosure sale. Clara P. Hanson recovered. Fannie E. McCartney was defeated, and appeals.

Martha McCartney, owner of a certain section 17, died, leaving a will which devised the south half of the section to her son in fee. The will continued as follows:

“The north half of said section 17 I give to my said son, George…