Hesker v. Shaffer

Mr. Chiee Justice Gunn

delivered the opinion of the court:

This is an appeal from a decree entered in the circuit court of Perry county finding against appellant (plaintiff) on his complaint to confirm title in himself as the sole heir of the last survivor in a joint tenancy, and decreeing in favor of appellee Harry Shaffer, (defendant,) on his counterclaim for partition.

The facts are as follows: February 2p, 1940, Charles Shaffer and his wife, Amanda Shaffer, conveyed by warranty deed the premises involved to his brother, Harry Shaffer. It was the statutory fornvof deed, purporting to be in…