Johnson v. Goldstein

Statement of the Case.

RICE, J.

This suit was brought by appel-lees against appellant Johnson to recover the title and possession of a certain house and premises, consisting of, about 10 acres of land, situated in the city of AVaco, wherein judgment was rendered in favor of appellees, from which appellants have prosecuted this appeal. It was tried as an agreed case under the statute (article 1949, Vernon’s Sayies’ Civ. Stat.), and involves: First, the construction of item 9 of the will of Joanna McClelland, deceased, whereby she devised said premises to Peter McClelland; and, second, whether he…