Eisemann v. Lapp

This is an action in partition tried before me without a jury.

Catherine E. Victory, who died in 1877, devised the premises involved to her four children. One of these died in 1887, intestate, unmarried and leaving him surviving as his heirs-at-law, a brother, two sisters and his father. The father thus took a life interest in the deceased’s one-fourth of the premises. Thereafter the three surviving children executed four successive mortgages on the property, accompanied in each instance by an affidavit of title *15by one of them. The father was not a party to the mortgage, having left the…