Mahoney v. Mahoney

*378The opinion of the court was delivered by

MARSHALL, J.:

This action is one in ejectment, for an accounting for rents and profits, and for the partition of real property. Judgment was rendered in favor of the defendants, and the plaintiffs appeal.

A jury was waived, and trial was by the court. The judgment contains special findings of fact, in part, as follows:

“The defendants introduced their evidence and rested, and after argument of counsel the court being fully advised in the premises, finds that Catherine Mahoney died on the 10th day of January, 1921, testate, a resident of Brown county,…