Byrd v. Schwartz

Lewis, J.,

There is before us a rule to set aside a bill in partition for want of jurisdiction.

Plaintiffs filed the bill as to certain real estate and a mortgage that had been conveyed and assigned to themselves and defendants by a recent deed from Theresa Schwartz, one of the defendants. It appears from the pleadings that the real estate and mortgage in question had been purchased by Theresa Schwartz, as executrix of the estate of her husband, Charles Schwartz, who had died in 1906, assets of that estate being used for the purchase. This was done apparently with the knowledge and consent of…