Swift Coal & Timber Co. v. Shepherd

Opinion op the Court by

Judge Moorman

— Seversing.

This action was instituted by appellant in the Perry circuit court to compel the execution of a contract for the sale of land. The land was originally owned by Jasper Shepherd. He died intestate in 1901 or 1902, and the land passed to his parents, William G. Shepherd and Sarah Shepherd, as his only heirs at law. Shortly after the death of Jasper the father and mother divided the lands that they had received from him into five equal parts and conveyed the land in controversy, consisting of 100 acres, to their son-in-law, O. G. Holcomb, and the…