Jackson v. Merz

[1] This is an equitable action whereby plaintiffs seek to vacate a lease contract for fraud in its procurement, and also seek to enjoin the defendant from asserting or claiming as a tenant the possession of plaintiff's property. From an adverse decree the defendant appeals.

[2] Although three days' time was consumed in the trial of the cause, only the record proper is brought here on appeal, the defendant-appellant claiming that the petition fails to state a cause of action against defendant and that the decree as entered is not in conformity with the pleadings. Under such circumstances we…