Waters v. Waters

1. Generally suits for equitable relief must be brought in the county of the residence of a defendant against whom substantial relief is prayed. Civil Code (1910), §§ 5527, 6540.

2. The action in this case was brought by Allen Waters against James *3902. Waters as executor of Jane D. Anderson, and James M. Waters, to specifically enforce an oral contract by which the testatrix agreed to make a will devising one third of her estate to the plaintiff as compensation for his services rendered and to be rendered to the testatrix during her life, and to impress in his favor a trust upon one third of the…