Jeffers

Plaintiff as administrator of the estate of W. C. Jeffers, deceased, brought this action against the defendant to quiet title to ten acres of land in the possession of the defendant. The complaint is in the usual form and the answer, in addition to the customary denials, alleges that the defendant is, and for more than ten years prior to the commencement of the action has been, the owner and in possession of the land. W. C. Jeffers on the tenth day of September, 1908, executed an instrument in the form of an ordinary grant, bargain, and sale deed, caused it to be recorded, and on the next day delivered it to defendant. On the same day she gave him $250 in the form of a check. At other times thereafter she gave him sums of money aggregating more than $100. The plaintiff claims and attempted to prove that the instrument, in form a deed, was intended as a mortgage to secure payment of the $250 advanced by the defendant. The defendant contends that such instrument was intended as a deed of gift. The plaintiff replies that, if intended as a gift, it was an attempt to make a testamentary disposition by deed contrary to law.

W. C. Jeffers was a brother of the plaintiff and the…