Bybee v. Stuart

WOLFE, Justice.

Appeal by the defendant from a judgment and decree, of the second district court, ordering defendant to execute a conveyance of certain lands to plaintiffs and quieting plaintiffs’ title thereto.

The facts out of which this case arises are these:

In 1936 the wife of cross-defendant Oni Douglas Stuart died, and defendant (Claude Stuart) took Oni’s son, David, to live with him and his family. Oni and Claude were brothers. It is fairly inferable from the record that defendant took the boy, David, as an acknowledged family obligation, and without expectation, of recompense. There was…