Millage v. Churchill

This action is in the nature of a suit to quiet title, wherein Ida Churchill, formerly Ida Millage, sought to have construed a deed executed to her by Jacob Millage, she being then his wife. Shortly after the execution and delivery of the deed Jacob died. Later this action was brought to have it determined whether the deed conveyed to Ida a title in fee or only a life estate. The trial court held that the deed conveyed the land in fee, and defendants bring the cause here for review on error.

No witness was sworn at the trial. It was stipulated, however, that if certain witnesses were present…