Houts

This is an action in which the plaintiff sought to restrain the. defendants from enforcing a writ of assistance for the eviction of herself from the possession of the premises involved in the action.

The facts of the case were these: Prior to January 7, 1907, the plaintiff and her husband, W. A. Houts, were the owners of the premises in question and occupied the same as their family residence. On the above date they joined in- a deed to the property to one Edward O’Gara upon the understanding between themselves and their grantee that he would at once execute a lease thereof to the plaintiff for the term of forty years at the nominal rental of one dollar per annum; and, apparently, upon the further understanding that he would presently convey the property to a corporation known as the Traders’ Investment Company; The said O’Gara immediately executed said lease, delivering the same to the plaintiff, who in turn gave it to her husband, who put it away in his safe deposit box. This lease was never recorded. A few days later O’Gara conveyed the property to the Traders’ Investment Company. There was no consideration moving to O’Gara for any of these transactions, and the Traders’…