Swigart v. Knox

The opinion of the court was delivered by

Smith, J.:

This is an action to partition the corpus of a trust consisting of real estate under the terms of a will. The estate was partitioned and what would have been the share of one of the *411beneficiaries was by the trial court in its final judgment awarded to a party to whom this beneficiary had mortgaged it and who had foreclosed the mortgage and was in possession. This beneficiary has appealed. An action involving this trust filed many years ago and in which orders have been made from time to time and which had not been finally determined was…