Moore v. Linn

Opinion of the court by

Burwell, J.:

One John T. Shaw, while in possession of a tract of land on which he had filed a homestead entry, which was still in force, entered into a contract with the plaintiffs below, George N. Linn and W. J. Spice, wherein they agreed to sow thirty-six acres of this land to wheat and bo harvest the same, they to receive two-thirds of the wheat and Shaw was to receive one-third.

The contract was in writing, but not filed or recordéd in the office of the register of deeds. It is as follows:

“Territory of Oklahoma, Kiowa County, ss:

“This agreement made and entered into…