Allen v. Birch

The opinion of the court was delivered by

Marshall, J.:

The action is one for the partitioning of real property, for the establishment of an oral mortgage thereon, for the foreclosure of the mortgage, and the adjustment of liens. Judgment was rendered in favor of the plaintiff, Stella D. Allen, and in favor of defendant, Lester Birch, as administrator of the estate of Clara T. Birch, deceased, from which the defendant, the Solomon National Bank, appeals.

Findings of fact were made by the court as follows:

“1. Prior to 1909 William Birch was the owner of a tract of land beginning 102 rods 12 feet…