Linser v. Lauffer

[480]

FINCH, P. J.

This action was brought to set aside two deeds executed by Phillipina Schroeder conveying certain lands to defendant Martin P. Lauffer and Emma Lauffer, his wife. Judgment was entered in favor of defendant and the plaintiff has appealed.

In the year 1880 Frederick Schroeder, a widower, owned and, with his daughter Emma, resided upon a mountain ranch, consisting of the land, or the greater part thereof, here in controversy. At that time Phillipina Lauffer was a widow, residing with whom were her two children, Julia B. Lauffer and Martin P. Lauffer, defendant, of the respective ages of fifteen and nine years. During that year Schroeder and Mrs. Lauffer married and thereafter lived together on the Schroeder,ranch as husband and wife, their said children living with them, except as hereinafter stated, and performing services suitable to their ages and capacities. Julia married Charles Linser about three years later and she and her husband lived on the ranch for about a year and thereafter they resided elsewhere. At a subsequent time Martin and Emma married and thereafter lived together on the ranch as husband and wife and there were there born to them two children. Schroeder died December 20, 1899. In the final settlement of his estate, in accordance with the terms of his last will, an undivided half interest in the lands in controversy was distributed to Phillipina Schroeder, and Martin P. and Emma Lauffer were given a life estate in the other half, the remainder being distributed to their minor children. In June, 1901, Mrs. Schroeder purchased for $2,000 and gave Julia a home, consisting of 220 acres of land, with a house and other improvements thereon. In October, 1901, Mrs. Schroeder signed and acknowledged a deed conveying her half interest in the mountain ranch to Martin P. and Emma Lauffer, but she did not deliver the deed until April, 1905. In March, 1910, she executed a second deed of the same property to the same parties for the purpose of correcting a part of the description in the deed of October, 1901. These are the two deeds which plaintiff seeks to have set aside. April 17, 1905, Mrs. Schroeder made a homestead entry for 160 acres of government land adjoining the lands in controversy and for a considerable time thereafter she resided on the homestead. In May, 1910, she gave notice of intention to make final proof, but