ANIN J.A.
The defendants-appellants appealed from only a part of the judgment of the Accra High Court dated 28 October 1965 and reported in [1965] G.L.R. 619, while the plaintiffs-respondents (who were substituted for the original plaintiff, now deceased) filed a notice of contention imploring that the said judgment should be varied. Since both parties have in the event cross-appealed from parts of the same judgment, I shall refer to them simply as the plaintiff and the defendants respectively.
The main facts of the case are as follows: The late Joseph Peter Oconnor Biney, who died in 1910, was the father of the plaintiff and grandfather of the defendants. By a deed of settlement dated 12 March 1901 (exhibit A), he conveyed his freehold land with building thereon measuring 100 ft. by 100 ft. situated on the Korlena, James Town, Accra (now numbered D.540/1 Bruce Road and popularly known as “Bineyville”) to his two brothers and a cousin, namely, Joseph Cobblah Biney, Charles Biney and Ado…