Shroyer v. Shroyer

HOUSER, Commissioner.

Bill in equity to cancel a warranty deed on the ground of nondelivery and for an accounting of royalties received from the operation of a stone quarry on the land, an 80-acre farm in Mercer County. Plaintiff is Jessie Shroyer, mother of the defendants J. Wesley and Wayne Shroyer. The trial chancellor cancelled the deed and ordered the grantees to pay $1,392.82 in royalties. Defendants appealed.

The common source of title is Jennie Peters, a widow, who acquired the farm by deed in 1935. Jennie’s brother, Virgil Shroyer, helped her run the farm for many years, until his…