Simmons v. Simmons

Ritz, Judse :

This suit was brought for the purpose of recovering back money paid by the plaintiff to the defendant under a decree of the circuit court of Roane county which was, subsequent to such payment, held to be void. The case was tried before the court in lieu of a jury and resulted in a finding in favor of the defendant, and a judgment of nil capiat thereon.

J. M. Simmons departed this life in the month of April, 1899. Prior to that time he had executed and delivered a deed by which he conveyed a large part of his estate to his second wife who survived him, and to his children by this…