Peterson v. Peterson

WOLFE, Chief Justice.

On June 3, 1942, the plaintiffs instituted this action charging John 'Charles Peterson and Leon Fonnesbeek with breach of trust and fraud, and prayed for a decree impressing certain described real estate with a trust and for an accounting. Wallace Hurd and Bentley Mitchell, who were alleged to be grantees of the other defendants, were also made defendants. After plaintiffs rested their case, each defendant made a motion for a nonsuit, which separate motions were granted as to all defendants. Plaintiffs appeal.

Counsel for plaintiffs stated that he would not resist the…