Bailey v. Stewart

NELSON, JAMES T., Associate Judge.

Appeal is brought by defendant, Mary Elizabeth Bell Bailey, from an order on motion for summary decree by James Stewart, as Executor of the Estate of Jay Stewart, Intervenor.

James Stewart and defendant were at one time husband and wife. The former became plaintiff in a divorce action against defendant, who then counterclaimed for divorce. In her counterclaim defendant sought award of the marital home. Plaintiff’s father, Jay Stewart, had contributed money to improve the home for which he claimed a lien. He intervened in the divorce action to protect this…