Oliver

This is an appeal by T. F. Emerson, as administrator of the estate of Charles Sperry, deceased, from a judgment dismissing said action. The facts are sufficiently set forth in the opinion filed herewith in the same cause {ante, p. 495 [ 202 Pac. 168 ]) on the appeal of plaintiff. Defendant Emerson claims that his answer presented an issue of fact that should be tried.

His answer was as follows: “Now comes T. F. Emerson, as administrator with the will annexed of the estate of Charles Sperry, deceased, and answering the plaintiff’s complaint on file herein, admits, alleges and denies as follows, viz.: Admits all the allegations in the said complaint contained, save and except that he denies that upon the death of the said Harriet A. Oliver an undivided half of the said property in controversy vested in the plaintiff herein; and in that behalf alleges that such undivided half reverted to and became a part of the estate of the said Charles Sperry, deceased, subject only to the life estate of the surviving widow of the said Charles Sperry, deceased; and save and except also the several respective claims to said property of the plaintiff and the defendant J. E. Oliver as administrator…