Smith v. Smith

This is a suit in replevin filed by the appellee to recover possession of a riding horse, saddles, bridles, and other riding equipment described in the complaint. The property formerly belonged to the appellee’s deceased husband, C. T. Smith, who died in 1948; but the appellee testified below that her husband gave her the horse and equipment in 1946. The appellant, a brother of the decedent, defended the suit on the theory that he had acquired title to the property as a part of the decedent’s estate. The jury found for the widow.

There is ample testimony to support the jury’s conclusion that…