Hayden v. Hayden

Opinion op the Court by

Clay, Commissioner

Reversing.

This action was brought by Fred Hayden and wife, appellees, against the heirs of his deceased brother J. C., appellants, to quiet title to a seven acre tract of land in Scott County. The Chancellor adjudged appellees the fee simple owners of this tract under and by virtue of a deed executed by Fred’s father on August 15, 1946. Appellants’ claim is based on a prior deed executed by the same grantor, naming as grantees all three of his sons. The sole question in the case is whether or not this earlier deed was delivered.

On September 15, 1945,…