Miller v. Shaw

Almand, Justice.

The exception here is to an order sustaining demurrers to an equitable petition, seeking in two counts specific performance of an oral contract to devise real estate, and the reformation of a warranty deed.

James B. Miller filed a petition against Mrs. Emma S. Miller et al., in count 1 of which he alleged: The defendants constitute all the heirs at law of Lillian S. Rivers, who died intestate on October 13, 1954, and no administrator has been appointed. At the time of her death the intestate owned in fee simple a described tract of land which was conveyed to her by the…