War Fork Land Co. v. Llewellyn

Opinion op the Court by

Judge Moorman

— Reversing.

By a written contract dated January 19, 1915, appellant agreed to purchase a described tract of land from appellee if he would obtain a patent for and perfect his title to it. Appellee obtained a patent from the state and tendered appellant a deed of warranty, but appellant refused to accept the deed, and this suit was filed for a specific performance of the contract. Appellant resisted the action on the ground that the patent was void because of an outstanding survey of the land previously made, and also because the land was in the adverse…