Dunn v. Peterson

The opinion of the court was delivered by

Hoyt, J. —

This is substantially an action of ejectment. From the complaint it appears that plaintiff is the sole devisee of the owner of an undivided one-half of the land therein described; and that thewill under which sheelaims had been recently admitted to probate, as a foreign will, in the county in which such land is situated. In the paragraph relating to the probating of such will there is no allegation that letters testamentary or of administration with will annexed were not issued, nor is such fact anywhere alleged in said complaint. Under these…