Wardlaw v. Wardlaw

Bell, Justice.

In the original petition and the first amendment there was no allegation as to actual possession of the 50 acres in controversy, except the general statement that the defendant R. F. Wardlaw would, “survey' out” 50 acres where the plaintiffs now live and execute deeds to same to Mrs. L. C. Wardlaw, this statement being contained in paragraph 4 of the petition, and apparently based upon the clause in the writing that the 50 acres “should include the home place where L. C. Wardlaw now resides,” and except the allegation in paragraph 9, “that the lands on which plaintiffs live and…