McGowan v. McGowan

Motion by plaintiffs pursuant to rule 109 of the Buies of Civil Practice, to strike out defenses as insuEcient in law and cross motion by defendants under rule 106 of the Buies of Civil Practice, to.dismiss the complaint for failure to state a cause of action. The action is in equity to impress a trust upon real property and to declare that the parties to the action own said property as tenants in common. Plaintiffs and defendants are brothers and sisters. The relief is sought on the claim that the defendants received the property upon a trust for the benefit of the parents of the parties…