Wiggins v. Powell

The opinion of the court was delivered by

Johnston, C. J.:

This action was brought to recover a tract of land,situated in Decatur county. In 1878 it was conveyed to “Clarinda E. Smith & to the children either now or hereafter begotten of Josiah Smith & said Clarinda E. Smith.” In 1882 she and her husband conveyed it to Samuel H. Powell, and in 1899 he conveyed one-half of it to James A. Powell, and the remainder was conveyed to James in 1904. It appears that in 1881 a daughter was born to Clarinda E. and Josiah Smith, named Charlotte Irene, and that from 1891 to 1900 Van B. Wiggins acted as the…