Schutz v. Leary

— This is an appeal from a judgment in an action in which the appellants, as plaintiffs below, brought an action to partition real estate. The first paragraph of the complaint contained the usual allegations for the partition of real estate and asked that a commissioner be appointed to make sale of the real estate. The second paragraph of the complaint charged that one Mary Schütz was the owner of the real estate in question; that her grandson, one John E. Leary, through undue influence, caused the said Mary Schütz to execute a warranty deed to such real estate to him which was not her free…