Miller v. Wall

The case is tried upon an agreed statement of fact, with all the parties at interest before the court. The words “and owned,” after the words “to be held,” in the second paragraph of the will, are stricken by the amended pleading of the guardian of Lizzie Louise Watkins, a non compos mentis. The exhibits to the agreed statement of fact contain said words. However, this variance between the pleading and proof is immaterial. It is necessary that a sale of the properties be ordered to discharge the contract and receivership liens and to effectuate a division among joint owners.

It is the opinion…