Bush v. Fuller

The appellant sued the appellee in statutory ejectment, and the case was tried by the court Avithout a jury on an agreed statement of facts.

B. H. Johnson, the former owner of the land sued for, sold it to the defendant on August 13, 1907, and executed to him on that day a bond for title in the usual form, under tailing, upon defendant’s payment of all and the last of eight purchase-money installments as they became due, to convey the land to the defendant by sufficient deed in fee simple.' The defendant did not pay any of these notes at any time, although he paid in monthly *513installments the…