Varner v. White

The parties will be designated as they stood in the trial court. Isaac White was the plaintiff, and the executors of J. K. Varner were the defendants. The action was in the form of a proceeding by notice to recover a judgment for the amount of a bond executed by White to Varner for a deferred payment on land, and which the plaintiff alleged that Varner had promised to cancel and deliver to him but had failed to do, and which White had been compelled to pay. There was a verdict and judgment for the plaintiff, and the defendants assign error.

In 1905, White married Varner’s daughter, and a few…