Countryman v. Merwin

The opinion of the court was delivered by

Dawson, J.:

This was an action for the partition of a small farm the record title of which stood in the name of the late Adelia Harriet Merwin, of Edwards county, who died intestate on February 2, 1928.

The litigants are her children, two daughters and two sons. Plaintiff brought the action sounding both in ejectment and partition, and impleading her sister and two brothers as defendants. Issues were joined by the answer of one brother, Elmer L. Merwin, who claimed exclusive ownership of the farm by reason of an alleged parol gift of it from his mother…