Jenkins v. Huntsinger

The majority opinion results in injustice and the conclusion arrived at disregards the issue of estoppel and certain principles of equity which should lead to a different result, and therefore I dissent.

In order to better present my views, I will restate some of the essential facts in sequence.

Roberts on the 8th of June, 1929 (his wife not joining in the conveyance), attempted to convey community real estate to Jenkins, the appellant. The instrument in writing employed by Roberts was in due form, signed and acknowledged, and was recorded on July 19, 1929. It was designated "Warranty Deed” and…