Lockhart v. Spencer

Paul Ward, Associate Justice.

In 1947 Henry Smith executed a deed conveying three parcels of land, consisting of 8 1/2 acres, to Herman Spencer. Part if not all of the land was divided into town lots. Prior thereto the land had forfeited for taxes and was sold to the State. Several people held deeds from Spencer and others held deeds from the State to separate portions of the land.

On January 23, 1948 Henry Smith died, leaving four surviving heirs, three of whom are the appellants here. On January 26, 1955 the said four heirs, through their attorneys, filed suit against all the above mentioned…