Phelps v. Phelps

Defendant in error is the widow of M. M. Phelps, deceased, and the plaintiffs in error are his children by a former marriage. Defendant in error was plaintiff in a suit to quiet her title to a half interest, in certain lands, which were claimed by plaintiffs in error under deed from their father. Plaintiff had judgment, and defendants bring the cause here for review.

Of the many errors assigned but one is argued, and that is that the court erred in finding that the deed under which defendants claim was not delivered. The facts material to that question are not in dispute.

It appears that some…