Berg v. Shade

The facts are not in dispute. It was stipulated on the trial that the appellee was the owner in fee simple of the land involved. The land had belonged to one Foster C. Weatherly, deceased. Frank E. Weatherly was the son and heir of decedent. Appellee acquired his title by conveyance from the widow and heirs of the decedent, except Frank E. Weatherly.

It was also stipulated that Frank E. Weatherly, on February 21, 1921, assigned and transferred to Charles M. Brown all his interest in the estate. The assignment is entitled in the estate, and is as follows:

“The undersigned Frank E. Weatherly in…