Fuller v. Dennistoun

1 Reported in 204 N.W. 958. A demurrer to the complaint on the ground that the facts stated do not constitute a cause of action was sustained and this appeal followed.

In substance the facts alleged are as follows: In the year 1918 the plaintiffs, their brother Willard C. and their mother Phebe M. Fuller, were the owners of a farm of 160 acres in Redwood county. The mother's interest consisted of a life estate and an undivided one-third of the land in fee, and the interest of each of the three sons of an undivided two-ninths in fee, subject to their mother's life estate. Between March 1, 1918,…