Johnston v. Gibson

The opinion of the court was delivered by

Schroeder, J.:

This is an action in ejectment for possession of real estate. Appeal has been duly perfected to this court from a judgment of the lower court ejecting the defendants.

The only question presented is whether Jack Gibson, one of the defendants below, is entitled to retain possession of the quarter section of real property in question under the terms, provisions and conditions set forth in the last will and testament of Martha Gibson Johnston, deceased.

Upon issues properly joined by the pleadings the parties stipulated all material facts. They…