Conant's Administrator v. Mason

Opinion of the Court by

Judge Clay

Affirming.

This is an appeal from a judgment sustaining a demurrer to and dismissing the petition.

Briefly stated the facts .are these: N. J. Weller and his associates procured 75 patents for vacant and unappropriated land in Bell county to be issued in the name of N. B. James upon surveys made and entered by said James in the year 1870. Before and at the time of the issual of the patents Weller and his associates had a written contract with Ellen Britton and Alabama Bowling, sisters and the only heirs of N. B. James, deceased, by which they were to survey,…