McConnell v. Smith

Bell, Judge:

Lewis Edgar McConnell and Ruby C. McConnell brought this action in equity to confirm title to real property purchased from Ruby Head Brooks Smith as executrix of the will of Lawrence Augustus Smith, deceased. Tony Augustus Smith, the decedent’s youngest son, counterclaimed for a declaration that he is owner of an undivided one half interest in the property. The circuit court granted judgment on the counterclaim. The McConnells appeal. We reverse and remand for entry of judgment confirming the McConnells’ title.

The case was tried on stipulated facts. It appears that Lawrence…