Benson v. Sawyer

This is an action in equity, consequently it is triable de novo in this court. The case can be more readily understood if the issues presented by the pleadings are clearly defined. The case presents no unusual questions if consideration is limited to the issues tendered by the pleadings. In the petition it is alleged that plaintiffs acquired interests in real property, described in the petition, formerly owned by Mary T. Leighton, deceased, under a contract dated June 24,1925, with defendants who were beneficiaries under the will of said decedent, by which defendants each agreed “to give,…