Krile v. Swiney

Mr.' Justice Bristow

delivered the opinion of the court :

By this direct appeal, involving a freehold, defendants-appellants seek reversal of a decree of the circuit court of Shelby County quieting title of plaintiffs-appellees, as prayed in the complaint, and dismissing the counterclaim of defendants-appellants for partition and accounting.

The material facts are not in dispute. Louisa E. Elliott owned in fee simple at the time of her death on June 4, 1948, a sixty-acre tract of land in Shelby County and some lots in the city of Windsor, also in Shelby County. She died intestate leaving no…