Hubbard v. Cheney

The opinion of the court was delivered by

Johnston, C. J.:

This was an action by Frederick R. Hubbard, Leverett W. Hubbard and Belle Hubbard Ransom, cousins and only surviving heirs to Jennie E. Cheney, against Ernest and Maud Cheney to recover an eighty-acre tract of land in Shawnee county. Henry W. Cheney was the husband of Jennie E. Cheney. In 1879 Henry W. Cheney purchased the land in controversy for $1600, and $300 of the purchase-price was furnished by his wife, Jennie E. Cheney. Both husband and wife were named as grantees in the deed of conveyance.

In May, 1904, Henry W. Cheney executed…