Hensley v. Swann

MeRedith, Judge :

Defendants on this appeal seek to reverse a decree of the circuit court of Cabell County entered June 22, 1922, establishing a deed as a lost instrument for certain land which was made to ■ plaintiff and one of the defendants, cancelling another deed made to both defendants by David Hensley, the grantor in both deeds, and decreeing partition of the land in equal shares.

David Hensley was old and infirm; his wife was dead and he kept “bach” on his small farm of-28 acres in McComas District. He had three children, all married, and living in homes of their own, the plaintiff…