Curry v. Curry

TIREY, Justice.. Plaintiffs brought this suit against defendant to cancel a deed executed and delivered by N. S. Curry to defendant, Joseph Curry, dated the 21st of January, 1950, to certain parcels of land described by mete's and bounds in the deed, and to partition the property therein described between plaintiffs and defendant, and alleged in effect that plaintiffs and defendants were entitled to have the property partitioned under the Statutes of Descent and Distribution.

At the close of the evidence the cause was submitted to the jury on one issue. It is: “Do you find from a preponderance…