Byous v. Lawshee

HOUSER, Commissioner.

This is a suit in two counts. Count I is an action to set aside a warranty deed on the ground of fraud, to adjudge the title to the real estate to be in plaintiff and for the recovery of $10,000 actual and $10,000 punitive damages. Count II is an action to require defendant to make an accounting of rents on the same property “collected and paid out” from May, 1963, alleged to be in excess of $6,760; to collect “any balance,” and for $1,000 for waste committed on the premises. Defendant denied generally, pleaded laches affirmatively, and sought dismissal of both counts and…