Smith v. Smith

The opinion of the court was delivered by

Porter, J.:

Adaline Smith died in 1908, intestate, owning an undivided half interest in a farm in Reno county, consisting of 160 acres. The parties to the appeal are her heirs at law. A few months before her death she executed and delivered to the appellant, who is her son, deeds purporting to convey her interest in the land. The appellees sued the appellant to cancel the deeds and asked that the land be partitioned. Henry 0. Smith originally owned the land and died intestate, in 1899, leaving his widow, Adaline Smith, and the parties to this action his…