Kytle v. Collins

ON MOTION EOR REHEARING.

Sutton, J.

It appears from the record that E. L. Kjdle, as executor of his father’s estate, “entered into some contract or arrangement” with S. C. Moon and J. E. Davis to survey, plat, and sell for him certain lands belonging to his father’s estate. Moon and Davis surveyed and divided the land into tracts and made a blue print thereof, and sold at public auction tract 2, which the' blue print showed contained 56.6 acres, and tract 6, which the blue print showed contained 70.2 acres, to A. C. Collins, he being the highest bidder.

The defendant in error in his motion for…