Gardner v. Burkhart

LIGHTFOOT, Chief Justice.

This suit was brought by appellees, Mollie Burkhart and husband, to recover an interest in 160 acres of land which she claims by inheritance from her deceased mother, and to cancel certain patents. There was a judgment for plaintiffs below for three-eighths of 80 acres, subject to the homestead claim of appellant, Edward Gardner, from which he has appealed.

There is no brief or appearance filed by appellees, and under rule 40, we are inclined to regard the brief of appellant as a proper presentation of the case.

The following assignments of error will be sufficient to…