Evans v. May

Plaintiff’s decedent died December 28, 1957, in possession of certain real property, which she had occupied as a dwelling house. On February 14, 1958, the plaintiff was appointed administrator of his estate, and on May 8, 1959, he commenced an action to sell the real estate involved.

The defendant, Lela Warner, on July 15, 1959, filed an answer and cross-petition, and on February 16, I960, filed an amended answer and cross-petition, the amended cross-petition asserting two causes of action.

The allegations of the first cause of action were to the effect that the defendant, Lela Warner, was the…