Crain v. Foster

Ed. F. McFaddin, Associate Justice.

The facts are complicated and require some detailing; but, once understood, the result is clear. The question posed is whether Appellee Foster owned an undivided one-tenth interest (as a tenant in common) in a tract of 1,000 acres, or owned 100 acres in severalty. We conclude that appellee owned 100 acres in severalty; and we rest our opinion on the rule of equitable estoppel.

Ike Jermany owned about 1,000 acres in Columbia County 1 , and died intestate prior to 1941. Z. W. Jermany, as one of the heirs of Ike Jermany, inherited an undivided one-tenth interest…