Arthur v. Kilpatrick Bros. Co.

This was an action to quiet title to real property, in which judgment was entered in favor of defendant, on November 15, 1927. Some time in the month of December, 1927, plaintiff died, intestate, and no administrator has been appointed to represent his estate. On January 30, 1928, notice of appeal was filed and served in the name of the deceased plaintiff. Thereafter, motion to dismiss the appeal was filed in this court, mainly on the ground that an appeal may not be taken in the name of a deceased person, without a substitution of, or voluntary appearance by, a representative of such…