Forsyth v. Nathansohn

The two assignments of error argued in appellant’s brief submit only one question, that is, the validity of the written instrument which constitutes the foundation of this action. The complaint refers to that instrument as “a lease” while the answer describes it as “a contract for trapping privileges.” The instrument, which is attached to the complaint as an exhibit, describes the land subject to its covenants, thus:

“Nine hundred twenty-eight and 90/100ths (928.90) acres situate in Sections Twenty-six (26), Thirty-five (35). and Thirty-six (36), in Township Four (4) South of Range Forty-two…