Harned v. Smoot

Opinion of the Court by

Morris, Commissioner—

Affirming.

W. K. Smoot died intestate in Marcli 1942, leaving surviving Mm Ms wife and five daughters, one being ap pellee who was defendant below. Three of the four daughters are appellants; they filed suit seeking to have cancelled a deed executed to appellee.

In May 1940 W. K. Smoot and wife executed a deed to their farm of 188 acres, located in Owen County, to the daughter, Ellen, who had always resided with them on the farm. The deed was acknowledged by a notary public in the presence of all of the parties, and was recorded April 3, 1942, shortly…