Luney v. Rollins

This is an action to quiet title to Lot 1, Block 139, in the city of Denison. Martha Smyth died intestate, May 30,1888, without issue, survived by her husband, Samuel Smyth, and seized in fee of the above-described real estate. She was also survived by two brothers, John and James Rollins, so that title to the property passed, one half to Samuel Smyth, her husband, and one fourth to each of her brothers. The defendant Emma Coleman Rollins is the wife of James Rollins. Plaintiffs are distant relatives of Samuel Smyth’s, and base their claim of ownership upon a warranty deed from him, executed…