Horney v. Buffenbarger

The opinion of the court was delivered by

Wedell, J.:

This was an action by a husband to set aside a deed to city property which his wife conveyed pursuant to a duly executed and recorded power of attorney.

The plaintiff, Philip S. Horney, filed the action against his wife, Kathleen J. Horney and the purchasers of the property, J. O. Buffenbarger, Jr., and Eleanor G. Buffenbarger, his wife. No service was had on appellant’s wife. The purchasers were the only parties defendant. Judgment was in favor of the purchasers and plaintiff has appealed.

At the time of the conveyance on November 25,1946,…