Butler v. Butler

The opinion of the court was delivered by

Dawson, J.:

This action involved the validity of the title to a Clay county farm which the defendant, George Lenhart, purchased at a foreclosure sale pursuant to a judgment against Charles R. Butler, former holder of the fee, who had mortgaged it as a single man.

The plaintiff, Louisa Steinborn, claimed to be the common-law wife of Butler and that the farm was the homestead of herself and him. She prayed to have her title quieted and that defendant’s deed be canceled and held for naught.

The defendant, George Lenhart, joined issue as to the alleged…