Gibson v. Anderson

GOODWYN, Justice.

S. W. Anderson, as guardian of Herbert Leo Gibson, a minor (appellee), instituted a declaratory judgment proceeding in the circuit court of Pike County, in equity, against Mrs. Myrtis Gibson, individually and as administratrix of the Estate of Leo Gibson, deceased (appellant), for the purpose of determining the ownership of a house and lot in the City of Troy. Testimony was taken orally before the trial judge, after which a decree was rendered in favor of complainant. This appeal is by respondent from that decree.

The facts are substantially as follows: In 1938 the first wife…