Yockey v. Yockey

The opinion of the court was delivered by

Burch, J.:

The action was one to determine the title to a fund of money. A motion to dismiss the action on the ground of want of jurisdiction and a demurrer to the petition were overruled. A demurrer to the affirmative defenses pleaded in the answer was sustained, and the defendants appeal.

David Yoekey was the owner of a quarter section of land which was the homestead of himself and his wife, Eliza Yoekey. David Yoekey died in January, 1905, leaving as his heirs his wife and several adult sons and daughters. One of the sons was Levi S. Yoekey, who was a…