Moncur v. Jones

The issue tendered the courts in this action results from a contest respecting adverse claims of ownership to an improved farm in Clay county. The trial court upheld the title asserted by plaintiff and dismissed upon their merits the pleadings by which defendant and his wife, the latter having intervened, challenged plaintiff’s claim of title and sought to obtain an adjudication of ownership in defendant’s favor.

Thomas Jones was the owner of the area in dispute and other lands at the time of his death in January, 1933. By the terms of his last will and testament he left to his second wife,…