Trimble v. Fairbanks

Almand, Justice.

Mrs. Millie B. Trimble, in an equitable petition against Donald E. Fairbanks, prayed for the sale and partition of proceeds of real estate alleged to be owned by the plaintiff and the defendant in fee simple, as tenants in common. To the sustaining of a general demurrer the plaintiff, by bill of exceptions, brings the case here for review.

In substance, the petition alleged: J. H. Trimble, the husband of the plaintiff, executed a warranty deed to Ruby Trimble Fairbanks in 1935 to the property in question, wherein the grantee agreed to provide a home for the grantor and the…