Mothershead v. Milfeld

VAN OSDOL, C.

[ 344] Plaintiff-respondent J. Lee Mothershead and Alta Mothershead, his wife, instituted this action to quiet title to Lot 8 of' Block 3 of the City of DeSoto. By Count II of their petition, plaintiffs declared in ejectment to recover possession of Lot 8; and by Count III plaintiffs stated a claim for damages alleged to have been occasioned by defendants’ careless excavation whereby a building on Lot 8 was allegedly deprived of its lateral support and was thus caused to fall.

Alta Mothershead, the plaintiff wife, has died since the institution of the action, and the plaintiff…