Poepping v. Monson

MR, JUSTICE AN6STMAN

dissenting:

On motion for rehearing, defendant Rose Monson' again contends that the court erred in not requiring Carol Ann Poepping to be made a party defendant. Her contention is that defendant Rose Monson had the right to the benefit of the testimony of Carol Ann Poepping to sustain the presumption that the Lincoln Avenue property held in the name of Carol Ann Poepping was a gift to her from her husband, the plaintiff, and in consequence the proceeds from the sale of the Lincoln Avenue property used to purchase the Blue Cloud Ranch was all her money, in which plaintiff…