Middleton v. Beasley

Opinion of the Court by

Judge Clarke —

Reversing.

Appellants, the children of a former wife of John Beasley, deceased, attempted as intervenors, in an action to sell his real property and settle his estate, to assert an undivided one-half interest under a constructive trust in forty-three acres of land to which he held title. Their tendered petition to be made parties was rejected, but made part of the record, and following a final judgment they have appealed.

It is alleged, in substance, in the rejected (petition as amended, that decedent and his then wife, appellants’ mother, entered into an…