Smith v. Smith

The opinion of the court was delivered by

Porter, J.:

John Smith sued to recover possession of 27.65 acres of land in Miami county. The defendants are his former wife and their children. His interest in the land was acquired by a deed from his parents executed in 1895, which gave' him only a life estate, with remainder to his children. -In 1902 his wife, Dora Smith, obtained a divorce from him in the district court of Miami county. The decree awarded the custody of the minor children to the wife and, after setting aside to her a smaller tract of land, gave the rents and profits of the lands *630now…