Morgan v. McGee

Opinion by

LOGSDON, C.

In their printed briefs plaintiffs in error rely upon one proposition, which is that the trial court erred as a matter of law in holding that the deed of October 8, 1912, from the Dixons to Mittendorf was ineffectual and conveyed nothing. Upon, this preposition is based the further contention that the trial court erred in sustaining the demurrers to the evidence of plaintiff Morgan, and of the de.endant Mittendorf.

By the very nature of the action alleged in Morgan’s petition and in Mittendorf’s cross-petition, the subject-matter of the action must be real property. That…