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Charles Melms died in 1869 leaving his estate in financial difficulty. A brewery and a homestead were sold and conveyed to Pabst (D). It was held in another court action that D only acquired Mrs. Melm's life estate in the homestead and that P was the owners of the fee subject to the life estate. D acquired full title to the brewery. The homestead consisted of 1/4 of an acre. By 1890, the land around the homestead was industrial and undesirable and unprofitable as residential property. D removed the building and graded the property down to street level. P sued D, and the trial court dismissed P suit. P appealed.

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