Kee v. Simmons

Hatcher, Judge:

This is a suit to partition equally among the eight surviving children of F. M. Simmons, deceased, his real estate, consisting of more than 800 acres. His only son, John, filed a cross-bill claiming exclusive title to an area of 250 acres by virtue of an alleged verbal understanding had with F. M. in 1927. The circuit court found in favor of John.

The understanding, as stated in the cross-bill, was that John should move to and live in the residence of F. M. and there “furnish” him “a home” and care for him the remainder of his life, for which F. M. would “sell” John the 250…