Goebel
Goebel v. Gregg
Opinion
lead Opinion
Shaw, J.
Plaintiff appeals from a judgment entered for defendants following an order of court sustaining a general demurrer to the second amended complaint, without leave to further amend.
The purpose of the action was, upon the ground of fraud, to obtain a decree setting aside and annulling certain deeds of conveyance whereby defendant Boswell transferred to his daughter, Chenie Lee Gregg, certain real estate, which by her was conveyed to defendant Smith, and have the same adjudged to be subject to execution upon a judgment theretofore rendered in favor of plaintiff and against Boswell.
As appears from the complaint, the wife of defendant Boswell, owing to his cruel treatment of her, was on the twelfth day of October, 1918, compelled to leave the home which they jointly occupied, and commencing on said October 12, 1918; and continuing up to the time of her death, which occurred on January 26, 1920, plaintiff, at the special instance and request of Boswell, provided her with food, shelter, and other necessaries of life, for which on M'ay 25, 1920, he obtained a judgment against Boswell in the sum of $2,234.60. An execution issued thereon was returned nulla bona. It further appears that…