Randolph v. Prowers

I am unable' to concur with the views expressed by the majority of the members of this court in their opinion herein, or with their conclusions, which seem to me to sacrifice justice to a technicality, and in which a strict construction of, and compliance with the terms of the statute are needlessly enforced, to the end that a fraud is permitted and perpetuated which may and should be avoided by the proper ap*556plication of the principles of equity, which appear to have been recognized and applied by the trial court.

I accept the statement made in the opinion of the court that the controlling…