Merten v. Newforth

The opinion of the court was delivered by

Horton, C. J.:

On the 1st day of March, 1887, Philip Newforth commenced his action against R. Merten and Mary Merten for a specific performance of the conveyance of real estate upon a written bond or agreement, given by the'Mertens to Martin Gutzwiler on the 12th of March, 1877, and assigned to the Mertens by Martin Gutzwiler and wife on the 7th day of May, 1884. On the 28th of March, 1887, the defendants filed a demurrer to the petition, alleging that it did not state facts sufficient to constitute a cause of action. Upon the hearing, the demurrer was…