Smigell v. Brod

Opinion by

Mr. Justice Allen M. Stearns,

The two appeals are from orders in an ejectment suit following a jury’s verdict for the defendant. One appeal is by plaintiffs because of the court’s refusal to enter judgment n.o.v. for plaintiffs. The other is by defendant from the grant of a new trial.

Plaintiffs seek possession of real estate under a deed through their deceased father. Defendant who is in possession interposes a defense as equitable owner of a one-third interest, this being claimed as her intestate share as surviving spouse. The basis for defendant’s claim is" that her husband, prior…