Rowan v. Herring

Mobley, Justice.

The executor has construed the will to give the church two houses and lots and the defendants one house and lot, and he has executed a deed to the defendants conveying the house and lot in question. The defendants are in possession of the house and refuse to deliver it to the plaintiffs or to account for the rents. From these facts it is clear that all rights have accrued to the parties; that no adjudication of the plaintiffs’ rights is necessary in order to relieve them from the risk of taking any future undirected action incident to their rights, which action without…