Johnson v. Weatherspoon

REDMANN, Judge.

Defendant appeals from a judgment of eviction. She argues that she was denied the opportunity to make out her defense because of excusable tardiness in arriving for trial.

*699The defense was that she is entitled to remain in the premises, which were the separate property of her deceased husband (whose heir’s executrix is plaintiff), because community funds were used to make payments on a mortgage on the property. (The brief suggests her separate funds were also so used.) Alternatively, she sought recovery for half of the community funds so used.

Had defendant presented that defense,…