Forster v. Clark

In 1924 W. H. Clark and Sarah J. Clark, his wife, executed a deed purporting to convey 160 acres of land to their son, Lee Clark. W. II. Clark died on September 7, 1939, and about one week later his widow gave the deed to Lee Clark who had it recorded. Some of the children and heirs of W. II. Clark brought suit against Lee Clark, the other heirs, and the widow. The petition was in two counts: (1) alleging that the deed was void for want of delivery; (2) for partition and sale of the land and distribution of the proceeds. The judgment of the circuit court was for the plaintiffs and defendant,…