Jobe v. Hammer

LESTER, Judge.

This appeal is before us upon a record consisting of the pleadings, a summary judgment, and a four page deposition. Since no proof was adduced before the trial court, we must glean the facts from the briefs of counsel but absent supportive evidence, we do not vouch for the authenticity of the narrative.

Peter Hammer died in 1839 seized of 150 acres of land in Monroe County. He was survived by two sons, Martin K. Hammer and Richard Hammer, who, each, inherited a one-half undivided interest in their father’s property. It is asserted by way of brief that Peter died survived by eight…