Story v. Grayson

Mcííanhy, J.

Appellants are the sons of Emma Story and she is the record owner in fee, subject to a mortgage, of the land here in controversy. On November 9,1942, she entered into a written contract with appellant, J, D. Story, to sell him 40 acres of said land, and, on January 4, 1943, she entered into a separate similar contract with appellant, McKinley Story, to sell him an adjoining 40 acres of said land. Neither of said contracts was acknowledged, was not subject to record, and was not recorded.

On February 18, 1943, said Emma Story executed and delivered to appellee, Maurice Lewis, an oil…