LASSEY J.: In this action the original plaintiff Frederick Moore, now deceased, claimed that as the devisee under the will of Mrs. Patience Williams, deceased, dated 18 October 1935, probate whereof was granted on 27 January 1944, he was entitled to recover from the defendants who are the beneficiaries under the will of their late father Thomas Adjei king of Cape Coast, the premises and hereditaments described as house No. D.35/2, situate at Cape Coast; in addition, the original plaintiff, the late Frederick Moore, also claimed for (a) mesne profits and (b) an injunction order against both defendants.
After pleadings had closed the following main issues were agreed and settled for trial:
“(1) whether the defendants are not trespassers and therefore accountable to the plaintiffs;
(2) Whether by virtue of the fact that Mrs. Nancy Campbell died intestate Mrs. Patience Williams was the only heiress at the date of her mother’s death, the property was not devisable by her; and
(3) Whether the…