Union Joint Stock Land Bank of Detroit v. Byers

MARIS, Circuit Judge.*

This is an appeal by the plaintiff from a decree of the District Court for the Western District of Pennsylvania dismissing its bill praying for an injunction and for a decree of subrogation. The case arises out of the following situation.

Robert S. Byers, hereinafter referred to as the “decedent,” died intestate June 26, 1914, the owner of a tract of 98 acres and 64 perches of land in Franklin Township, Fayette County, Pennsylvania. He left to survive him a widow, Caroline Byers, and twelve children, one of whom has since died unmarried and intestate.

By deed dated August…