Chapman v. Locke

SADLER, Justice.

The appellant, Mary Locke as executrix of the last will and'testament of W. C. Locke, deceased, complains of a judgment rendered against her by the district court of Roosevelt County in an action begun against her testator during his lifetime in which she was substituted as a defendant following his death.

The plaintiff, R. H. Chapman, by his complaint filed in the case sought recovery against W. C. Locke and Frank Locke, his son, on an oral agreement to drill an irrigation well on the land of the former. Within a short time following the filing of the complaint and service on…