Hatch v. Small

The opinion of the court was delivered by

Johnston, J. :

This proceeding is brought to review • a judgment of the district court of Shawnee county *243quieting the title of real estate in Hester J. Small as against the claim of Rachel E. Hatch. The facts on which the controversy arose, briefly stated, are as follows : In 1863, O. A. Curtis was the owner of the real estate in question rnd Rachel E. Hatch was then his wife. During that year and the subsistence of the marriage relation, Curtis conveyed the land to Joseph Middaugh, then the husband of Hester J. Small, and who previous to his death had…