Trost v. Brey

Action to cancel and annul a deed and a decree of the probate court insofar as it distributed the land conveyed to the heirs of the grantee in the deed. Findings were made in plaintiff’s favor. The appeal is from the order denying defendant’s alternative motion for amended findings or a new trial.

The action, is in behalf of Xavier Brey, an incompetent, by his guardian ad litem. The defendants are the wife and daughter, the heirs of the grantee in the deed attacked. The facts not in dispute are these: About 1886 Xavier Brey and his brother George came to Redwood county from Bavaria. George was…