Smith v. Smith

This is a suit for an accounting instituted by D. C. Smith against his former wife, the respondent. After judgment was entered in the cause, the plaintiff died, and the appellant was in due time appointed executrix of his last will and testament, and was substituted as plaintiff, and she appeals.

In the amended complaint it is alleged that D. C. Smith, in 1912, at Devil’s Lake, N. D., “delivered, turned over and left with” respondent, certain personal property upon the agreement and understanding that she should preserve, care for, and account to him for the same, to pay over and account for…