Anderson v. Benham

’ The opinion of the Court was delivered by

Todd, J.

The plaintiff, on the 22d of November, 1870, made a conveyance by act, under private signature, to the defendant, Mrs.. Benham, of one undivided half of the plantation described in the pleadings.

On the 22d of May, 1871, he executed another act, by which he purports to have conveyed the entire plantation to George C. Benham,. the husband of Mrs. Benham.

On the 5th of February, 1885, he instituted this suit. In his petition he declares, substantially, that in making said conveyances, it was not his purpose or intention thereby to sell the…