Schultz v. Brewer

Garfield, J.'

The three plaintiffs and two of the defendants are sons and daughters of Joseph and Mary Schultz, deceased. The remaining defendant holds a mortgage on the land in controversy executed by defendant Helen Schultz Brewer after her father deeded the land to her. Plaintiffs claim each party other than the mortgagee owns an undivided fifth interest in the land. Defendant Helen claims to be sole owner under the deed from her father. The trial court sustained defendants’ motions to dismiss. Of course the motions admitted all facts properly pleaded in plaintiffs’ petition. We therefore…