Horton v. Carter

LAWSON, Justice.

This is an appeal from a decree sustaining demurrer to a bill in equity.

S. D. C. Carter died intestate in 1935. He was survived by his widow and five children, none of whom were minors. In 1945 the widow, Jane Carter, instituted proceedings in the probate court of Marshall County to have certain real property set aside to her as a homestead. 'On June 28, 1945, the said probate court entered an order or decree purporting to vest the fee simple title to the said homestead in the widow, Jane Carter.

Shortly thereafter Jane Carter conveyed the property so set aside to one J. E.…