Davis v. Mayes

Opinion toy

ESTES, C.

Parties will be,referred to as they appeared in the trial court, inverse to their order here. In 1921, plain- ' tiff, by contract in writing, leased from John Blackbird, the owner, certain 20 acres, together with other real estate, for five years for a stipulated gross sum paid in advance upon the execution of the lease. It is undisputed from the record that plaintiff thereafter took possession of the 20 acres, and thereafter built a fence by which same was placed in the field with and contiguous to the land belonging to his brother, Adair Mayes, and orally agreed with his…