Owens v. Owens

I find no fault with the general equitable principles recited in the concluding portion of the majority opinion. My position is that these principles are entirely foreign to the case presented in the bill and answer, and, to a large degree are not applicable to the new case constructed by and considered for the first time in the opinion.

The case properly before us as disclosed by the pleadings and relevant proof is not difficult. W. C. Owens and A. J. Owens were the sons of H. S. Owens, deceásed. These two *979brothers and their mother, Laura Owens, the widow of the deceased, were his only heirs…