Murray v. Brown

The opinion of the court was delivered by

Price, J.:

This is an action for specific performance by which plaintiff seeks to compel defendant trustees to assign to him an overriding royalty interest on trust property.

Defendants’ demurrer, on the ground the petition failed to allege facts sufficient to state a cause of action, being sustained, plaintiff has appealed.

No good purpose would be served by setting out or summarizing in detail the contents of the lengthy petition and exhibits attached thereto. Briefly stated, the story is this:

Under the provisions of their father’s last will and…