Capps v. . Massey

The county court decided one way, on appeal the Superior Court decided another way, and this Court is now called upon to make the final decision. The original deed was made to husband and wife — an estate by the entireties. The husband attempted to convey his interest to the wife and then the wife attempted to convey back to the husband and herself.

"We think, under the peculiar facts and circumstances of this case that the deed from the husband, E. M. Knight, to the wife, L. E. Knight, estopped E. M. Knight, who survived his wife, therefore plaintiffs the heirs of E. M. Knight, from claiming…