Valley Bank & Trust Co. v. Bankers Building Corp.

The question presented by this appeal is whether Division XI of defendant’s answer states a case for declaratory relief. The question arises on the court’s refusal to rule on two law points under rule 105, Rules of Civil Procedure, and the court’s withdrawing the issues raised in Division XI of defendant’s answer from the case.

The case comes here on defendant’s appeal, granted by us, under rule 332, Rules of Civil Procedure. Plaintiff is a successor trustee without discretion, subject to the control of the Polk District Court, under the will of Mary A. Turner, deceased. Defendant is a lessee…