Southern v. Southern

TAYLOR, Justice.

Plaintiff (respondent) brought this action to recover possession of certain real property. Defendants (appellants) by counterclaim sought specific performance of an option to purchase the property. Upon plaintiff’s motion the trial court entered summary judgment dismissing the counterclaim with prejudice. Defendants brought this appeal from that judgment.

Defendants James Southern (a son of plaintiff Matilda Southern) and his wife Ruby Southern had lived upon and farmed the land belonging to plaintiff for about fifteen years. In March, 1965, plaintiff appointed her daughter…