Whatley v. Marshall

G. P. Marshall brought an action to recover land and mesne profits against H. T. Whatley and others. The other defendants disclaimed title and any right of possession. The prayer for mesne profits was withdrawn. It appears from the evidence submitted on the trial, that Marshall, on March 15, 1902, brought an action for specific performance against Carmichael, in which action the petition alleged that in May, 1899, Marshall purchased the land now in controversy from Carmichael at a stated price, went into possession, made valuable improvements, and subsequently paid to Carmichael, the…