Brown v. Spencer

The defendants appeal from the judgment. The appeal was taken within sixty days after its entry. The evidence and proceedings at the trial are presented in a bill of exceptions.

The defendants, Frank and John Spencer, are the sons of defendant Eleanor Spencer. According to the allegations of the complaint, they are interested in common with the plaintiffs in the cause of action and they are made parties defendant solely because they refuse to join as plaintiffs. The plaintiffs are Thomas Brown, David Brown, and Hochheimer & Co., a corporation. The transactions upon which the alleged trust…