McWhorter v. Carter

COMBS, Justice.

The question is which of two sets of heirs have superior title to a 40-acre tract of land on Spring Creek in Clinton County. Both factions claim through W. W. (Square) 'Carter, a civil war veteran who died in 1909. “Square”, of course, is a colloquialism for Squire. The appellees are the devisees and the children of a devisee under his will. The appellants claim through the will of Laura Carter, a daughter-in-law of “Square,” who died about 1908. Appellants contend that “Square” conveyed tlie land to Laura in 1900 by a deed which was never recorded and is now lost. The…