Eilts v. Hines

Dissenting Opinion

Sullivan, J.

I must respectfully dissent from the per curiam opinion dismissing this appeal. While I do not wish to unduly burden the official reports by unnecessary verbiage a brief recital of the essential facts are deemed necessary to the proper determination of the cause.

*201On March 18, 1962, defendant-appellee Homer Kester executed and delivered a. Warranty Deed to plaintiffs-appellants Eilts, husband and wife. Thereafter, Mr. and Mrs. Eilts sued Kester and several other defendants to evict them from a part of the real estate described in that deed. Of the five defendants…