Benson v. Wiley

The opinion of the court was delivered by

Fatzer, J.:

This was an action to partition real estate and to account for rents and profits. Trial was by the court, which rendered judgment for the defendants (appellees) and assessed the costs of the action against the plaintiffs (appellants). Following the overruling of their motion for a new trial the plaintiffs have appealed.

At the outset, our jurisdiction to hear this appeal is challenged. Following the perfection of the appeal on April 17, 1957, the defendants filed a motion to dismiss it on the ground that plaintiffs had voluntarily acquiesced…