Hitchcock v. George

This is an appeal by Catherine Hitchcock, defendant below, from an order in partition. The parties will be referred to by their trial court designation. On the 28th day of June, 1941, plaintiff, Annestelle George, filed her action seeking to have partitioned certain real property in Pittsburg county. Since the technical description is not involved in the issues presented, the property will not be particularly described.

The defendant filed an answer and cross-petition admitting the conveyance as alleged in the petition of the plaintiff, but asserting a trust relationship by virtue of the…