Smith v. Fay

On December 10, 1918, C. O. White executed a deed conveying his real estate to his brother, George E. White. The deed was drawn and acknowledged by E. M. Hertert at the office of Hertert & Hertert in Harlan, Iowa, and delivered to Mr. Hertert under the circumstances hereinafter set out.

On December 11, 1918, C. O. White made a will leaving all of his personal property to George E. White. George E. White outlived C. O. White and at the time of the trial the grantor and grantee in the deed and both members of the firm of Hertert and Hertert were deceased.

Plaintiffs, who are collateral heirs of…