McDonald v. Carlson

The opinion of the court was delivered by

Robb, J.:

This action was originally commenced to recover rentals as provided in a farm lease executed between the lessor, U. S. McDonald, as guardian of two incompetent persons, Mary Ann Diepenbrock and August Henry Diepenbrock, and the lessee, A. A. Carlson, also known as Albert Carlson.

Successor guardians to McDonald were later appointed by the probate court and the appeal is from orders of the trial court abating the action or, in the alternative, declaring the judgment dormant, and overruling a motion to substitute the successor guardians for the…