Killian v. Hayes Bros. Lbr. Co.

Frank Holt, Justice.

The appellants and the appellee were prospective purchasers of a farm. The seller conveyed the property to the appellee. Consequently, the appellants instituted this action against the appellee (and the seller) alleging that appellants had a valid contract of sale with the seller and that the property was deeded to appellee by fraud and connivance on the part of the seller and the appellee. The appellants sought cancellation of appellee’s deed, specific performance of appellants’ contract with the seller, and by amendment asked that a constructive trust be decreed in…