Elliott

Action to quiet title, the complaint as originally filed being in the usual form.

Plaintiff is the mother of Carl A. Jewell, deceased; defendant Blanche E. Jewell is his widow, the two constituting his sole heirs. Defendant Merchants Bank & Trust Company is the administrator of the estate of deceased and as such, by answer, claimed the right to possession and the rents, issues, and profits of the property in question pending administration. Blanche E. Jewell filed an answer whereby she denied plaintiff’s title to the whole of the property and alleged that title thereto was vested in herself and plaintiff as owners thereof in common.

The court gave judgment for plaintiff, from which, and an order denying defendants’ motion for a new trial, they appeal.

At the commencement of the trial, plaintiff, by leave of court, filed an amendment to her complaint whereby she alleged that on the twenty-second day of August, 1910, she made and acknowledged a deed to the property, naming Carl A. Jewell grantee therein, and on said day delivered said deed to said Jewell, with the intention that the deed should be recorded and become operative only in the event of said Jewell surviving her, and…