Kapraun v. Kapraun

The plaintiffs, Anna C., Bertha P., and Karl A. Kapraun, instituted an action in the circuit court of Marshall County against
Philip H. Kapraun, individually and as executor, his wife, Agnes C. Kapraun, and his brothers, Edward W. and Anton Kapraun,
to establish a constructive trust on 80 acres of land and for accounting and partition. This appeal is from the decree approving
the master's report recommending that the complaint be dismissed and is properly directed to this court since a freehold is
involved. The parties are the children and only heirs of Frank F. Kapraun who died April 1, 1953, and his executor. The suit involves
an 80-acre tract sold by the decedent to Philip and his wife on January 3, 1949, by a contract of that date and conveyed to
them by deed dated June 7, 1949.