Humes v. Humes

This is an appeal from a judgment in an action to enforce a trust in real property brought by respondent Homer C. Humes, a son of James Humes, deceased. Appellants, who are the widow, son, two grandsons, a granddaughter and a great-grandson of decedent, urge that the trial court committed error in the following particulars:

1. In overruling their general demurrer to the amended complaint and their objection to the introduction of any evidence, because said amended complaint violated the equi table maxim that “He who seeks equity must do equity,” and therefore failed to state a cause of action…