Santmeyer v. Clemmancs

The plaintiff as executrix of the last will and testament of Walter J. Santmeyer, deceased, brought this action to recover possession of, rent for, and quiet title to, certain real property. The defendant Minnie Schweitzer filed a disclaimer. The other defendants, W. F. Clemmancs and Lavinia Y. Clem-mancs, who will be referred to as though they were the only parties defendant, answered, in which they pleaded an express trust and adverse possession. The defendants paid the jury fee and demanded a jury trial, which was refused. The cause was tried to the court without a jury and resulted in…