Bennett v. Bennett

PINE, District Judge.

This case comes before me on a motion to dismiss the amended complaint, which contains the following allegations:

Defendant Ernest S. Bennett, father of plaintiffs, purchased a dwelling for himself and family and executed a deed of trust thereon to secure money advanced for the purchase price. It is located in the District of Columbia, and is assessed for taxation at $5,341. About a year later, in 1931, defendant conveyed the property to his wife, Nellie E. Bennett, as a gift. Thereafter she applied toward the payment of the encumbrance thereon the proceeds of two $1,000…