Earnest v. Earnest

This action was commenced in the district court by the defendant in error, as plaintiff, to quiet his title to a certain tract of land. He claimed that he had purchased the land, but had taken title thereto in the name of his wife, who subsequently died.

At the trial it was revealed that in the probate proceedings had in the matter of the deceased wife’s estate, more than three years previous to the filing of this action, the county court had distributed the property in undivided interests of one-third to the plaintiff and 2/27ths to each of the defendants and Mrs. Earnest’s other children.…