Martin v. Smith

Streissguth, Justice.

Eussell K. Martin as guardian of his incompetent sister, Edith K. Martin, brought this action for alleged trespass of defendants in occupying two rooms in the ancestral Martin home. Eussell K. Martin will hereinafter be referred to as plaintiff.

Defendant Clara B. Smith is the mother, and defendant Sherman S. Smith is the brother, of plaintiff’s former wife. Mrs. Smith and her son came to live with the Martins sometime in 1931 at the suggestion of Mrs. Martin, who was then expecting the birth of a child. Plaintiff concurred in the suggestion. Though the arrangement was…