Stewart v. Cummings

Opinion by

Baldrige, J.,

This action in assumpsit was brought by the plaintiff to recover one-third of the purchase money of a farm sold to Charles E. Cummings at a public sale. This land was inherited by the appellant, Ms brother, Ross C. Stewart, and his mother, Eva C. Stewart, from Charles W. Stewart, who died, intestate, on January 16, 1925, leaving to survive him his wife and the two children above named.

The plaintiff, in his statement as finally amended, alleged that he was the owner in fee simple of an undivided one-third interest in a farm of 85 acres, situate in Perry County; that “on…