Hardy v. Marcus

THE COURT.

An action was filed by Mary Marcus against her son Louis Marcus, defendant and appellant herein, to rescind for lack of consideration a conveyance by. her to appellant of an undivided one-half interest in a particular piece of real property, and to quiet her title thereto.

During the pendency of this action Mary Marcus died, and Russell D. Hardy, as special administrator of her estate, was substituted as plaintiff. The question involved is the right of the executor of an estate to be substituted as party plaintiff in an action brought by the deceased in her lifetime against her…