Bekins
Bekins v. Trull
Opinion
Lead Opinion
Curtis, J.
This action was instituted by the plaintiffs to obtain a decree terminating the life tenancy of the defendant in a certain lot and two-story house erected thereon, the legal title to which stood in the name of plaintiff Ruth M. Bekins, and to have it further decreed that the said Ruth M. Beldns held the title to said real property in trust for the plaintiffs Martin Bekins and I. H. Preston, in the proportion of an undivided seven-eighths to said Martin Bekins and an undivided one-eighth to said I. H. Preston, and that the defendant be required to vacate and deliver up the possession of said premises to the plaintiffs. It was alleged in the complaint that defendant had violated and broken the conditions upon which her right of possession depended, and that by reason of said breach by defendant of said conditions, she had forfeited all right to the use and possession of said real property. The action was tried upon plaintiff’s fifth amended and supplemented complaint and defendant’s answer thereto. The complaint was not verified, and the answer contained, besides a general denial, four separate and affirmative defenses. The first of these, alleging the nonjoinder of defendant’s…