Epperson v. Bennett

*299The opinion of the court was delivered by

Parker, J.:

This was an action for a declaratory judgment, specifically authorized by G. S. 1935, 60-3127 et seq, to determine an actual controversy involving the interpretation of a deed. The defendants prevailed and the plaintiff appeals.

In 1928, Isaac Bennett and his wife being the owners of a quarter section of land decided to convey it to their two children — a daughter, Lillie Bennett Epperson, the plaintiff herein, and a son, John Bell Bennett. Voluntarily and without consideration other than love and affection, notwithstanding each instrument…