Schofield v. Spencer

With the understanding that certain real property in Owyhee county belonged to the estate of John Sharp, Sr.,, deceased, appellant Schofield agreed with the executors to pay $4,000 therefor. He paid $1,000 and signed three promissory notes for the balance, payable to the “executors of the estate of John Sharp, Sr., deceased.” The notes, together with a deed and other papers, were put in escrow with instructions to deliver them to Schofield on the final payment of the three notes. The deed was executed by Daniel S. Spencer, in whose name the record title stood. Schofield objected to the deed,…