Bigger v. Underwood

*326The opinion of the court was delivered by

West, J.:

Certain lots in Hutchinson, some owned by one W. H. Underwood and the others by his mother, Frances A. Underwood, were sold to the plaintiff. Early in September, 1908, the son conveyed his lots and also executed a deed as attorney in fact for his mother for those owned by her, and received the consideration. It appears that the plaintiff desired a deed direct from the mother for her lots, and that pursuant to an agreement with the son such deed was executed, dated October 29, 1908, acknowledged November 3, and thereafter delivered and…