Kroff v. Amrhein

The action is one in partition and involves the determination of but one legal question. This question of law was raised by a demurrer to the petition, which was sustained by the court of common pleas, and a final judgment rendered against the plaintiff. The facts, so far as necessary to a determination of the question, may be briefly stated.

On November 4, 1876, Simon Fearsettle and Otilley Fearsettle duly adopted a female child named Mattie Stein. In the course of time Mattie married one Fred Hamley, and to them a child, named Hester Hamley, was born as the issue of such marriage. On…