Forshay v. Johnston

This is an action in ejectment, brought by the executrix against William H. Johnston, defendant and appellee. The court sustained his claim to a statutory homestead right to the land in question, and found he was not guilty of withholding the premises from the plaintiff. The question in*527volved is whether the decedent and defendant Johnston were husband and wife by virtue of a common-law marriage.

Petition was filed July 20, 1940, by Phebe Niles Forshay, as executrix of the last will and testament of Reana D. Parr.otte, deceased, alleging that she has a legal estate in, and is entitled to the…