Smith v. Smith

Defendants move (1) to make more definite and certain paragraphs 9, 13 and 14 and the third cause of action of the amended complaint, (2) to strike out as sham *502and frivolous the second and fourth causes of action, and (3) in the alternative to dismiss the entire complaint ‘ ‘ for failure to set forth a valid cause of action ”.

In his opposing affidavit plaintiff’s attorney states that the prime purpose for the entire action is to establish that a conveyance of certain real property from plaintiff’s intestate, her deceased husband, to defendant Elizabeth Smith, and a further conveyance of said…