Roberts v. McCoach

The opinion of the court was delivered by

Harvey, J.:

This was an action to set aside two deeds on the ground that they had never been delivered to the grantees during the lifetime of the grántor, and that after his death they were taken possession of wrongfully and recorded by the grantees. The trial court made findings of fact and rendered judgment for plaintiff. The principal defendants have appealed.

The record discloses substantially the following: Luther Roberts, a resident of Miami county, was the owner of two tracts of real property. His first wife died. They were the parents of four…