Wallace v. Manthei

Claimant and the deceased purchased a home in 1923 and lived there with their mother until 1928 when the claimant married and voluntarily moved out of the premises. When Thomas Wallace married in 1934 he and his wife resided in the home together with the mother. In 1939 the mother died and Thomas and his wife continued to occupy the premises until he died in 1953. No rent was ever paid by Thomas Wallace to the claimant.

Recovery was limited to a six-year period, the statute of limitations having run prior to that time. The court found the rental value of the premises to be $5,400 upon the…