Kunz v. Torcellini

Plaintiff as the administrator of the estate of Seddon L. Etherton, deceased, filed a *744complaint claiming the estate to be the owner of certain real estate and therefore, entitled to possession thereof, subject only to the right of defendant Torcellini as mortgagee. From a judgment dismissing the complaint, plaintiff appeals as a matter of right.

This dispute has its origin and arises as the result of the disposition by way of settlement of a 1955 Wayne County Chancery case No. 531-540. In this proceeding the plaintiffs decedent, an attorney and defendant therein, was represented by the present…