Etnier v. Pascoe

Opinion by

Me. Justice Simpson,

Plaintiffs, as devisees of John S. Morrison, and defendant, as executor and trustee of the estate of Adié A. Stevens, deceased, were tenants in common of certain real estate; the former filed this bill in equity for partition thereof, but not, as apparently the court below mistakingly thought at the time it filed its adjudication, for an accounting of the income therefrom also. The decree awards partition, but says nothing on the subject of an accounting; defendant alone appeals.

The statement of questions involved, which limits the matters to be. considered by…