Dunlap v. Marnell

Tliis is an action to set aside a deed to certain real estate and to quiet the title to the premises in the plain*536tiff. The district court found for the plaintiff, subject to the homestead right of defendant in one tract, and to his share as widower, but without prejudice to defendant’s right to present an instrument in the form of a war- ■ ranty deed, under which defendant claims title, to the county court upon the question of whether it may constitute the last will and testament of his deceased wife. Defendant appeals.

Prior to June, 1905, the defendant, Richard Marnell, and Mary A Marnell,…