Gonzales v. Barton

This was an action by the appellant against the appellee, to compel the specific performance of a contract in writing for the sale and coAveyance in fee simple of certain real estate. The defendant answered that he had only an estate for his life in the real estate, and for that reason asked to be excused from performing his contract, and that it might be rescinded and set aside. The circuit court held that the defendant had but a life estate, and rendered judgment in his favor. This ruling is assigned, in proper form, as. error, in this court. The title of the defendant was derived by virtue…