Estate of Dunn

October 9th, 1866, John Dunn conveyed the premises in question to John Pforr. Nov. 8tli, 1866, Pforr conveyed the premises by deed of gift to Mrs. Dunn, wife of John Dunn.

*123 Feb. 1st, 1868, Dunn obtained money from one Stewart, and to secure the payment thereof, Mrs. Dunn, at the request of her husband, joined him in a conveyance of the premises by grant, bargain, and sale deed to Stewart; no defeasance was executed, but the transaction was a mortgage as between the parties. Dunn having paid Stewart the money borrowed, June 10th, 1869, Stewart executed a grant, bargain and sale deed to Dunn and wife, with a consideration of $6,000 expressed.

No other consideration existed than the payment of the borrowed money. In 1869, one McAtee executed a deed of the premises to Dunn, and in 1872, Dunn obtained a grant from the city; but it does not appear that any title passed by that deed or grant.

By the will of Dunn the property is devised to his brother, who now claims distribution. On the other hand, Mrs. Dunn claims that the property is her own separate property; that the deed from Stewart to Dunn and wife conveyed no interest or title to Dunn; that this Court has jurisdiction so…