Bryant v. Engle

MONTGOMERY, Chief Justice.

Jerry Engle died intestate in 1937, leaving surviving him as his widow, Rosa, and as his only heir at law an infant son, Willard. At his death, Jerry owned the one-acre tract of land involved here.

Rosa married Ike Noble about two years later. On March 28, 1940, Rosa, for herself and as guardian for Willard, together with Ike, her husband, executed a deed purporting to convey the land to Cash Pitts with covenant of general warranty. The sources of title recited are a conveyance to Jerry Engle and an affidavit of descent, referred to in the deed, showing inheritance…