Smith v. Hart

LIVINGSTON, Chief Justice.

Respondent, Joe Wheeler Smith, has taken this appeal from a decree of the circuit court, in equity, overruling his demurrer to a bill in equity.

There are three propositions insisted on by appellant: (1) the bill does not offer to do equity, (2) laches, and (3) that fraud is not sufficiently alleged.

The bill seeks to have the benefit of a conveyance to the extent that it conveys to this appellant an undivided half interest in certain described real estate. The *9deed was executed by respondents W. B. Sparks and wife to complainant and Joe Wheeler Smith, the son of…