Moffatt v. Moffatt

A. H. Moffatt, hereinafter called plaintiff, commenced this action to cancel a deed executed to W. R. Moffatt, the defendant. On a trial to the court without the intervention of a jury judgment was for the plaintiff and defendant appeals.

The evidence discloses, that by a warranty deed dated December 1, 1942, plaintiff deded 180 acres of land, owned and occupied by the plaintiff since 1909 as his homestead. He had six children, four daughters and two sons. Byrum, age 33 at the date of the trial, lived with his father on the home place. The defendant was 40 years old at the date of the trial…