Peterson v. Willbanks

(After stating the foregoing facts.) We are of the opinion that the court did not err in sustaining the motion for a nonsuit in this case. The evidence in the case would not have authorized a judgment in favor of the plaintiffs, under the allegations of the petition considered and the prayers for the relief sought. This was not a petition for an equitable accounting; in no view of the case was C. H. Peterson entitled to have the property impressed with a trust in his favor. Under the provisions of that item of the will which plaintiffs relied upon in the case as affording them a right to…