Tutt v. Smith

Certain material facts are not in dispute. It thus appears that, prior to January 22, 1921, Mary E. Webb, who for convenience will alone be referred to as the appellee, . was the owner of the property in question, situated in the city of Keokuk. On that date she and her husband, Robert L. Webb, executed a warranty deed of the property to W. E. Herst. This deed was executed in pursuance of a contract whereby the Webbs were to exchange the Keokuk property for land in Missouri, and it was put in the hands of Cyrus .Evans, to be given to one Pen Brace, to be by Brace delivered to Herst when the…