Probst v. Probst

WEIER, Judge.

Evelin Louise Probst sued her half brother Emil Alvin Probst to partition and sell approximately 127 acres of land owned by both parties as tenants in common. After the real estate had been sold by the sheriff to Evelin and the sale had been approved, an amended petition was filed which sought to quiet title to this real estate to assess money damages for alleged acts of Emil and other relief. The quiet title action centered about the location of a north and south line which adjoined land on the west owned solely by defendant Emil. He asserted the line was east of his barn and…