Ryan v. Cullen

*880The opinion of the court was delivered by

West, J.:

This is an action in ejectment and for partition brought by two of the heirs of Matthew Ryan, deceased, against William J. Cullen and others. The second amended petition among other things alleged that the defendants, Mary R. Loftus, personally and as executrix of the estate of Matthew Ryan, and Thomas J. Loftus, her husband, while in possession of the property and receiving the rents and profits and with a duty imposed upon them to pay the taxes out of the proceeds, and with the intention to defraud the other beneficiaries of the estate,…