Kennemer v. Billington

HUTCHESON, Circuit Judge.

The suit, in one count in trespass to try title and in the other to remove the cloud of a mineral deed1 purportedly executed by plaintiff and his deceased wife, Lottie Kennemer, had for its purpose the establishment of title in plaintiff and his children free and clear of the mineral deed. The claim was that the deed was void because (1) when signed by plaintiff and his wife it contained neither description of the land nor names of grantors and grantees, and (2) the subj ect matter of the deed was an interest in the homestead of plaintiff and his wife, and neither…