McElwee v. McElwee

This is a vendor’s bill to sell a half interest in a tract of land for the purchase money. The Chancellor refused the relief prayed, and, on appeal, the Court of Chancery Appeals has affirmed the Chancellor, and complainants have appealed to this Court. The facts, so far as need be stated, are that complainant sold to defendant, F. B. McElwee, his brother, an undivided half interest in seven hundred acres of land in McMinn County for $4,000, in four notes — at one, two, three, and four years — for $1,000 each. The sale was made December 17, 1879. Deed was executed retaining an express lien…