Malir v. Maixner

The opinion of the court was delivered by

Price, J.:

This was an action for the specific performance of a written contract to convey real estate. Defendant prevailed in the court below and plaintiffs have appealed.

The property in question, two quarter sections, was formerly owned by defendant’s husband, who died in 1922. Under his will it descended to defendant and their five daughters, as tenants in common, the defendant owning an undivided one-half interest therein and each of the children an undivided one-tenth interest. Defendant and the children continued to reside on the property and no…