Hurley v. Painter

The opinion of the court was delivered by

Wertz, J.:

This was an action in ejectment, partition, for an accounting, and to quiet title. We are concerned only with the ejectment and partition phases of the action.

Appellees Joseph Hurley and Henry J. Ziemba will be hereafter referred to as plaintiffs, and appellant Emmett Farrell as defendant. The remaining parties to the action are unimportant and have no interest in this appeal. So far as pertinent herein, the petition alleged that Ellen Farrell died June 3, 1952, the owner of the described real estate consisting of 240 acres of land and two…