O'Brien v. Foulke

The opinion of the court was delivered by

Johnston, C. J. :

This was an action of ejectment brought by Enos C. Foulke to recover from Thomas J. O’Brien the possession of a tract of land in Rooks county. Foulke had a complete paper title, as shown by a connected chain back to the government, while O’Brien claimed under an oral contract of purchase, and possession and improvements made in pursuance of the alleged purchase. Each asserted title from a common grantor, named Houpt. O’Brien claimed that he purchased the land from Houpt at a stipulated price and that he was to have until a fixed time…