Bone v. Franklin

This action was commenced by Jim Bone, hereinafter called plaintiff, to recover from E. L. Franklin on a breach of warranty of title to 20 acres of land. The cause was tried to the court, and at the conclusion of the evidence the court sustained a demurrer thereto and,,plaintiff appeals.

The facts disclose, without substantial conflict, that Daniel Bacon died May 4, 1930, leaving 100 acres of land in the S. E. Vi of section 25, township 5 S., Range 1 E., in Carter county, to five heirs in equal undivided proportions. E. L. Franklin had obtained certain interests in the land from these heirs.…