Brobst v. Brobst

Opinion by

Me. Justice Aenold,

Defendant appeals from the decree of the court below, in equity, dismissing his petition to open a decree pro confesso and also making final a decree nisi entered after hearing. His sole contention is that the court had no jurisdiction to try title to realty.

Plaintiff and defendant are husband and wife and are separated. The wife’s complaint alleged that she and defendant “are the owners as tenants by the entireties” of designated realty in defendant’s sole possession, and that the deeds “have never been recorded and are ... in the possession of the Defendant.”…