Birch v. Solomon National Bank

The opinion of the court was delivered by

Harvey, J.:

In the original petition filed in this action, the plaintiff, Clara I. Birch, alleged that.she was the widow of William Birch, and that she and her children, Lester Birch, Dallas U. Birch and Stella D. Allen, inherited the land in controversy from him, and that she and her sons occupied it as their homestead; that Lester Birch in 1923 and Dallas U. Birch in 1925 had, by deeds, conveyed their interest in the lands to plaintiff, who then became the owner of the undivided five-sixths thereof; that in 1921, the defendant bank had obtained a…