Austin v. . McCollum

The only exceptive assignments of error discussed in the appellants’ brief are those that question the sufficiency of the evidence as to a written contract to convey on the part of the defendants’ testator within the effect and meaning of the statute of frauds. O. S., 988. The pertinent facts in evidence tended to show that on 23 November, 1931, John A. McCollum had prepared by a justice of the peace a deed to the plaintiffs, reciting “that said party of the first part, in consideration of ten dollars and other valuable considerations to him paid by the parties of the second part, the receipt…