Boggs v. Baxter

STEWART, Justice.

This suit for a declaration of rights seeks a judicial interpretation of the will of J. J. Baxter, appellee’s deceased father. The facts out of which this litigation grew are that on May 20, 1953, appellee, W. J. Baxter and his wife, Eva, entered into a written contract with appellant, O. T. Boggs, whereby the former agreed for a fixed price to convey certain land in Jessamine County to the latter in fee simple. Thereafter, when Baxter tendered a general warranty deed to Boggs, he declined to accept it and refused to pay the purchase price, insisting that Baxter does not have…