Smith v. Berry

Opinion of the Court by

Judge Thomas

Reversing.

On January 20, 1909, the mother of appellees, Florence M. Berry,. together with her husband, D. Gr. Berry, who was the father of appellees, executed and delivered to the appellant, J. W. Smith, a warranty deed, absolute on its face, to a certain house and lot in the city of Owensboro, Kentucky. Mrs. Berry acquired title to the property through a conveyance made to her by her husband in 1907, and at the time of the execution of the deed to the appellant, she was the ■ owner in fee to same. In September following the date of the execution of the deed…