Hlista v. Altevogt

This appeal has some unusual aspects and reaches us in a peculiar posture. The plaintiff-appellant sought below to recover certain real property which he had deeded some years before (no question of laches is raised) to his niece and nephew, who were the children of his sister, one Albina Altevogt. In this deed, the appellant reserved unto himself a life interest, without power of disposition.

The facts were not developed on several important issues and a very large portion of the record extract is consumed by colloquy between the court and counsel and the court and witnesses. The chancellor…