Ferguson

This is an action to qniet title to land and to expunge the description of the land from the deed conveying the same. Plaintiff had judgment, from which and from the order denying their motion for a new trial defendants appeal.

It appears from the complaint and was found by the court: That, on October 26, 1907, Martha J. Darwin Reese died testate seized and in possession of the land in question which, by the terms of her last will, she devised to plaintiff. Due proceedings followed in the superior court, sitting in probate, whereby said land was duly distributed to plaintiff on April 5, 1909, and she thereupon became the owner thereof; on April 8, 1907, J. W. Reese and said Martha Reese were husband and wife and on that day executed a deed bearing date January 29, 1907, conveying to defendants sundry different lots and tracts of land and among them the lot the subject of the action; that there was no consideration, save love and affection, for said conveyance to defendants and the description of the land involved in the action was inserted in said conveyance to defendants “by the error and mistake and misprision of the said J. W. Reese and of the said Martha J. Darwin Reese, and…