Burnworth v. Fellerman

The opinion of the court was delivered by

Hutchison, J.:

This is an action to quiet title to real estate conveyed to the plaintiff by devisees under a will of the record owner thereof, the plaintiff claiming that his grantors, the devisees, held a fee-tail estate in said property and by the conveyance cut off the entailment. The demurrer of the defendants to the petition was overruled, and the defendants stood upon the demurrer, and appeal from that ruling and the rendition of judgment in favor of plaintiff quieting title against the defendants.

Several questions are involved, but the principal…