Vanek v. Foster

Appellants, by their complaint, pleaded that the defendant, the Foster Co., was and is a copartnership and “that at all times hereinafter mentioned, the defendant T. D. Foster, Jr., was and now is the holder of the naked legal title, and The Foster Company is the equitable owner of that certain real estate” described in the complaint. Appellants tried their case on such theory, which theory made immaterial the marital status of T. D. Foster, Jr., and obviated the question of community property.

Respondents filed a general denial to the complaint. During the course of the trial it incidentally…