Holwell v. Zofnas

CROSS, Judge.

Plaintiffs-appellants, Eveline Foulds Holwell also known as Eveline Foulds and Harold M. Holwell, her husband, appeal from a final judgment entered by the court in a non-jury trial in favor of the appel-lees-defendants, Irving Zofnas and Eva Zofnas, his wife, in an action in ejectment. We reverse.

The genesis of this action occurred by the conveyance from Charles R. Gold to one Eveline Foulds, no marital status being mentioned, of the tract of land in dispute.

Gold conveyed this land to Foulds on April 1, 1947, recorded April 2, 1947. Also on April 1, 1947, Foulds conveyed .the…