Fry v. Stetson

Opinion by

Ervin, J.,

This is an appeal by defendants from the entry of judgment on the pleadings in favor of the plaintiff in an action in ejectment to recover possession of an undivided five-eighteenths interest in premises known as Pleasant Yalley and for mesne profits.

The facts disclosed by the pleadings reveal that under the will of John B. Stetson, who died in 1906, his son, G. Henry Stetson, was given a right or privilege to use and occupy a property known as Pleasant Yalley, free of rent, taxes, and all ordinary and necessary repairs. Under the terms of the will testator’s trustees were…