Day v. Day

Taylor, C.

Action in ejectment tried to the court without a jury. Plaintiffs appeal from an order denying their motion for a new trial.

Lucia A. Day died in November, 1909, the owner in fee of an un-platted tract of four of five acres in the city of Fairmont in the county of Martin which she and her husband, Frank A. Day, had occupied as their homestead. By decree of the probate court this land was assigned to her husband, Frank A. Day, during the term of his natural life with remainder in fee to their four children, the plaintiffs in this action. In March, 1912, Frank A. Day married the…