Houston v. Goemann

*439The opinion of the court was delivered by

Burch, J.:

The action was one by the heirs of Albert M.' Houchin, deceased, against the grantees in a deed of real estate executed and delivered to them by Albert M. Houchin in his life time. The plaintiffs claimed the action was one to recover specific real estate, and demanded a jury trial. The defendants claimed the action was one to cancel the deed on the ground of undue influence. The district court took this view, but called a jury to determine the question of undue influence. Special findings were returned favorable to the defendants, which the…