Ragan

Plaintiff is the son and defendant a brother of one C. K. Ragan. Shortly after the birth of plaintiff his mother obtained a divorce from his father and the latter remarried in the year 1877. The father had no children by his second marriage, and he died intestate, on May 27, 1910, in the county of Kings, this state, leaving as his only heirs his widow, Mary E. Ragan, and plaintiff.

The complaint alleges that C. K. Ragan and his wife, after the year 1891, and prior to the 21st of November, 1906, acquired certain community property, including the land in controversy in this action, consisting of eighty acres of the value of eight thousand dollars; that, on the twenty-first day of November, 1906, C. K. Ragan signed an instrument purporting to be a deed conveying to the defendant said eighty acres of land. It is alleged, on information and belief, that said deed was never delivered; that there was no consideration for it, that it was in the nature of a gift, and was signed without the consent of the wife of said C. K. Ragan and with the intention on his part to defraud his wife and his son of their rights in the property. The complaint further alleged that plaintiff has been the…