Hayes v. Moffatt

During her lifetime, Eugene Elizabeth Drake commenced an action in equity against defendant Fred E. Moffatt by the filing of a complaint, wherein she alleged that she was the owner and entitled to the possession of a tract of land near Miles City, in Custer county, from the possession of which defendant had ousted her and to which he claimed title by virtue of a certain warranty deed of record in that county. The complaint then alleges that the deed in question was made by her but was never delivered to defendant, and that it was the understanding of the parties, and her intention at the time…