Davis v. Vermillion

The opinion of the court was delivered by

Wertz, J.:

This was an action for partition of real estate. The essential element in the case is the construction of a deed through which the appellants and appellees claim title.

After hearing the evidence the trial court denied appellants any interest in the land and held that the same was not subject to partition. This case was tried in the lower court upon documentary evidence and an agreed statement of facts. No oral evidence was presented. Under such circumstances, this court can and should decide for itself what the facts establish, substantially…