Starks v. Bates

Mitchell, Justice.

The defendant Peter Bates moves to change the place of trial'. Alfred S. Bates, the other defendant, has made default, and, in fact, is aiding the plaintiff, and makes an affidavit in opposition to this motion, in which he shows that his feelings and interest are all with the plaintiff. Under these circumstances, it is no objection that Alfred does not join in the motion. The action is to have a deed from Alfred to Peter declared void for fraud—or as held only for the benefit of Alfred.

This is an action to affect the title to lands, as, if it succeeds, . the title of Peter…