Botello v. Tharp

The opinion of the court was delivered by

Hopkins, J.:

The action was one to cancel an administrator’s deed on the ground that the real estate attempted to be conveyed was a homestead. It was brought on behalf of four minors by Lus Castor, their grandfather, as their next friend. The defendants prevailed, and plaintiffs appeal.

The facts, substantially told by the court’s findings, are as follows:

The court finds that Fred Apolonis Botello, a Mexican, departed this life on November 7,1920, in the city of Hutchinson; that his wife *230had died prior to his death; that he left surviving him four…