Bigham v. Bigham

Stayton, Associate Justice.

This action was brought by S. W. Bigham against M. S.' Bigham and R. J. Bigham, his wife, upon • a breach of warranty in the sale of land, to recover the purchase money and costs of a suit in which the title of the appellants had been adjudged invalid.

*239At the time of the sale of the land by appellants to appellee, they had an outstanding executory contract to convey the land to one Winnard, who had not made full payment therefor, but-had made valuable improvements thereon, and he, in the suit instituted against him, paid the purchase money and was adjudged title.

There…