Monte v. Montalbano

COLEMAN, Justice.

This is an appeal by cross-respondents from a decree of the circuit court, in equity, which denied relief on a bill of complaint and granted the relief prayed for in a cross bill. The cross bill sought a sale of real estate for division of the proceeds among cross-complainants and one of the cross-respondents as tenants in common. The decree was rendered on testimony heard ore tenus.

The cross-complainants and one of the cross-respondents, namely, Rose Monte, are the children and heirs of Caterino Montalbano who died intestate in 1928. Rose Monte and the other…