DeCheck v. Clancy

O’Toole, J.,

— This is an action in ejectment. The real estate involved is a small residence property. Both parties claim title through one Inno-cenz Kunkler. In 1934 Innocenz Kunkler because of failing health retired to the Knights of St. George Home at Wellsburg, West Virginia, where he remained as a patient until his death in 1939. On retiring he placed his affairs in the hands of a young friend, John Davis. Included in Kunkler’s estate at the time was the property involved. Davis leased the property to Clancy, who went into possession. Thereafter Davis advised Kunkler that Clancy was…