Hackney v. Smith

Opinion of the Court by

Judge Clarke

Affirming.

By this action filed June 1, 1922, appellant seeks to liave dower set apart to her in a 50-acre tract of land conveyed by ber bnsband to appellees’ remote vendors May 7, 1881. She also signed and acknowledged tbe deed, and in avoidance thereof, sbe alleges, in tbe first paragraph of ber petition that sbe was a minor at tbe time,- and, in tbe second paragraph that her name does not appear in the caption or body of tbe deed. A demurrer was sustained to tbe second paragraph of tbe petition, and an estoppel pleaded to tbe first paragraph was sustained…