Eagan v. Colwell

McQUADE, Justice.

Ellen Eagan was the common predecessor in interest of both appellant and respondent. On October 26th, 1936, Ellen Eagan gave deeds to both H. C. Eagan, her son, and Essie Eagan, her stepdaughter. Respondent inherited the property from her husband, H. C. Eagan. Appellant purchased the Essie Eagan tract from the estate of Essie Eagan on November 17, 1958.

At the outset, it should be noted that descriptions contained in the deeds are erroneous. Respondent’s deed purports to convey to her all that portion of the Northeast quarter of the Southwest quarter of section 16 lying east…