Tracy v. Thatcher

The opinion of the court was delivered by

Hutchison, J.:

The appeal in this case is from the order of the trial court sustaining a demurrer to the evidence of the plaintiff in an action to set aside a certain deed executed by her husband, now deceased, three days before his marriage to her, attempting thereby to convey a quarter section of land in Harper county to the defendant herein, his daughter by a former marriage.

The petition in- two counts pleads the invalidity of the deed and grounds for setting it aside, first, for want of delivery, and second, because the deed was fraudulently…