Keesee v. Smith

Opinion op the Court by

Sims, Commissioner

Affirming.

Will M. Smith contracted to sell certain timber to J. Walter Wright for $15,000. Wright refused to accept Smith’s deed,'contending that he could not convey good title to the timber. Smith instituted this action under Section 639a-l et seq. of the Civil Code of Practice to obtain a construction of the will of his father, Jacob Smith, to determine what interest he took in the timber under the will and whether or not Wright could be forced to accept the deed tendered him. Also, a decision is sought to determine what interest F. P. Keesee…