Conn v. Conn

Seevers, Ch. J.

The undisputed facts are, that in 1866 Kobert Oonn died 'intestate, seized of eighty acres of land. He left surviving him a widow, who intermarried with defendant Eggleston. He also left surviving him four children, one of whom is the plaintiff, two are defendants and one died without issue prior to the commencement of this action.

In 1*876 the widow of deceased and her husband Eggleston executed a mortgage upon said premises to the defendant Faunee, which has been foreclosed, and the premises sold and *748conveyed by the sheriff to said Faunce. In 1875 said real estate was…