Judy v. Karlskint

The opinion of the court was delivered by

Burch, J.:

The action was one for partition of real estate and other relief.. The contest was between the plaintiff, Anna Karlskint Judy, and the defendant, George J. Karlskint. The issue was whether or not an instrument, in form a deed from the plaintiff to the defendant, was in fact a mortgage. The defendant prevailed, and the plaintiff appeals.

In July, 1896, John M. Karlskint died, leaving a will by which he disposed of the land in controversy. The testator’s estate was to be kept intact until the death of his wife, Nancy, who was to be provided for…