Petrain v. Kiernan

This is a suit or cross-bill in equity to enjoin an action at law for the recovery of certain real property, which had been begun by defendants against the plaintiffs, and praying that the defendants be declared trustees of such real property for the benefit of the plaintiff Annie Petrain, and that she be also declared the actual owner of the same, and entitled to the possession thereof. The facts out of which the controversy arises, as exhibited by the pleadings, are briefly these: *456On April 8, 1891, John A. O’Brien and Emily H. O’Brien sold and conveyed to Daniel Kern, by deed of warranty,…