Vanek ex rel. Ainsworth v. Vanek

The opinion of the court was delivered by

Porter, J.:

The action was one in ejectment and to cancel and set aside a deed to certain real estate. The plaintiff, a minor, sues by her next friend. The judgment was in favor of the defendants, and the plaintiff appeals.

In her petition, the plaintiff alleged that on February 29, 1916, she married James Vanek, a brother of the defendant Edward, and lived with him as his wife until his death, which occurred on April 25, 1917; that at the time of her marriage she was less than sixteen years old; that James Vanek died intestate, leaving her as his sole…