Reed

This is an action to quiet title to certain lands described in the complaint. The defendant Elizabeth is the daughter of the deceased Piercy, and the other defendant, J. D. Smith, is her husband. Judgment went for the defendants, from which and from an order denying the motion for a new trial the plaintiff appeals.

The court found that in 1887, at which time the decedent was the owner of the premises, he made, executed, and delivered to the defendant Elizabeth a deed conveying to her the property here involved. Such a deed, purporting to convey the property to her and dated June 21, 1887, was introduced in evidence; and it is not disputed that it was signed by the decedent, or that it was duly acknowledged before a notary public on June 28, 1887. It is denied, however, by appellant that the deed was ever delivered to Elizabeth; and the main question, and substantially the only one in the case, is whether the finding of delivery is supported by the evidence.

The real question to be determined here is whether or not the evidence of the delivery was so slight as to require us to overturn the finding on the ground that there was no sufficient, material evidence to support it; and we…