File v. Conzelmann

The opinion of the court was delivered by

Mason, J.:

In January, 1903, George File negotiated the exchange of eighty acres of land which he owned, with $1,500 boot money, for a quarter section, the deed to which he caused to be made out to his wife. A year or so later he and his family moved upon the land so acquired, where they resided until the death of his wife, intestate, in 1917. The next year he brought an action against the heirs of his wife asking that he be decreed to be the owner of the tract, on the ground that, *346without any fraudulent intent on the part of either, his wife had agreed…