Mcknight v. Basilides

143 P.2d 307 (1943)

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Nature of the Case

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Facts

Charles Basilides (D) married Alice in 1901. Alice had two children by a former marriage, and Charles and Alice had one child in wedlock D bought two houses in 1907, known as the big house and the little house. Alice died intestate in 1929, and the estate had never been probated. D possessed the properties from Alice's death and paid taxes, made improvements, rented the little house, and occupied the big house as his own. Alice McKnight and Fred King (P) brought a bill in equity against D and the child of D and Alice, Ruth. P claimed that each owned 1/6th of the two parcels and prayed for partition, an accounting of rents, and an accounting for the fair rental value of the big house. D claimed adverse possession. The trial court entered a decree for P and D appealed.