Lawrence v. Melvin

The plaintiff in this action is the administrator of the estate of M. B. Melvin, deceased. The cause of action stated in the petition is based upon the alleged payment by decedent of a mortgage incumbrance upon certain real property in Marshall County which was owned in common by decedent and appellant, and is to recover contribution for a pro-rata share of the cost of removing such incumbrance. The answer, is in effect, both a general and a special denial. During the progress of the trial, it was developed in the testimony that the incumbrance was paid by decedent in 1917. Thereupon,…