Winn v. Simmons

Eish, C. J..

Suit was brought by an administrator to recover the north half of a designated lot of land in a given county, district, and section. The following facts appeared from the evidence submitted on the trial. .Plaintiff’s intestate died in possession of the land in 1864; his widow had a homestead set apart therein in February, 1869; on Decenlber 4, 1876, she conveyed it to an heir at law of the intestate, who, two days thereafter, conveyed it to the defendant, who immediately went into possession and has had actual possession ever since; the widow of the intestate died in November,…