McDermott v. Sher

McGHEE, Justice.

The defendants, Louis B. Sher, successor trustee, and named beneficiaries under a private instrument of trust appeal from a judgment ordering said trustee to convey to plaintiff two portions of lode mining claims patented to predecessors in interest of the defendants. The case is before us on the record and brief-in-chief of appellants-defendants, the plaintiff-appellee having made no appearance here.

Relief was granted in the lower court on the third cause of action of plaintiff’s amended complaint. Following paragraphs recite in substance the allegations therein made.

The…