Alford v. Henderson

BOULDIN, Justice.

The bill was filed by the administrator of the estate of Daniel Henderson, deceased, to sell the lands of the estate for division among the heirs, after satisfying an outstanding mortgage on a portion thereof.

Litigation arose over the claim of the youngest daughter of decedent and her husband to ownership of one 40 acres of the lands under deed of gift from decedent.

The issue is wholly one of fact.

Without controversy, some two and one-half months before his death, Daniel Henderson, eighty years of age, caused a deed to be prepared, signed and acknowledged before two friends,…