Day v. Day

Colerick, C.

This action was submitted to, and decided, by, the court below upon the following agreed statement of facts:

“ Whereas said defendant (the appellant) as son and heir of John Day, deceased, received certain money of the board of trustees of the Mooresville High School Association, and claims to be the legal holder and owner thereof, and whereas said plaintiff claims to be entitled to a part, to wit, one-half thereof, as widow of said deceased: Now, to settle the question as to the rights of said parties in and to said money, it is agreed that said question shall be submitted upon…