Spader v. McNell

SMITH, C.

Appeal from an interlocutory judgment in favor of the plaintiff for the partition of a tract of eighty acres of land referred to in the testimony and the briefs as the Jackson place. The case, briefly stated, is as follows:

It is in effect found by the court that the plaintiff is the •equitable owner of an undivided half of the Jackson place, and •of certain water stock appurtenant thereto, under a parol contract for a conveyance from the defendant to the plaintiff, and performance on the part of the latter. But the facts constituting the equitable title found are not alleged in the…