Garrett v. Crooks

The defendant, Stephen Crooks, having sold to his co-defendant, B. T. Higginbotham, some real estate, which-the former had promised to sell to the plaiutiff, Jacob Garrett, the present suit was brought for the purpose of canceling the sale to the one, and of enforcing the specific performance of the promise to sell to the other.

The petition charges, that Higginbotham was aware of the existence of the contract between Crooks and Garrett at the time of the transfer from Crooks to himself ; and that, consequently, the want of registry of this instrument cannot prejudice the plaintiff’s action in…