Ellison v. Murphy

This action was brought originally by Robert J. Fuller seeking a partition of real property held by himself and the defendant Ethel M. Murphy under .a deed which conveyed the property to the plaintiff and said defendant Murphy “ as joint tenants, with the right of survivorship.” After the commencement of the action plaintiff died and his executor was substituted as plaintiff and the action was thereupon continued by him. The complaint demanded not only a partition of the property, but an accounting by the defendant Murphy, alleging that said defendant had received rents and income from the…