Varnell v. Varnell

1. The allegation m the answer of the defendant setting up a parol purchase of the land, fully executed, comes within the exceptions to the statute of frauds. Civil Code (1910), § 3223, par. 1.

2. The defendant objecting to the partition claims title to the entire interest in the land, by virtue of a purchase from his mother, Lavina Varnell, and alleges that the latter was empowered to make a salfe under the will of his father, Mitchell P. Varnell, as contained in the following item, to wit: “Item second. I will and bequeath to my beloved wife, Lavina, all my real and personal property both…