Eland v. Carter

On February 24, 1921, in the case of McClain v. Roberts, judgment for $20,368.11 in favor of O. M. and Lavina Roberts against F. W. McClain on vendor’s cross petition for specific performance was entered in the Jefferson district court. On March 7, 1921, McClain appealed and with defendant Harley Carter as surety gave supersedeas bond which was approved March 8, 1921. The land in controversy was then owned by McClain. On May 15, 1922, McClain conveyed to the present plaintiff, who knew nothing about the suit or judgment against McClain “until after I (plaintiff) paid him the money.” Opinion…