Walker v. Shrake

OPINION

By the Court,

McNamee, J.:

Complaint was filed by appellants for partition of certain real estate. Thereafter all the parties stipulated that the action would be deemed an action for declaratory relief and amended pleadings were filed to accomplish such purpose.

There is no dispute as to any of the facts; they are admitted as alleged in the amended complaint and the trial court made its findings in accordance therewith.

Respondent Shrake and others, pursuant to written contract, caused application to be made for the acquisition from the federal government of certain lands in which he was…