Hawe v. Higgins

In this opinion we have simply considered and decided the case actually tried in the district court and presented to this court.

The petition alleges that on July 13, 1908, the parties entered into a contract, not in writing, whereby defendant agreed to sell and convey to plaintiff within a reasonable time thereafter a quarter section of land, described, for the consideration of $11,600; that on the 23d day of July defendant, pursuant to said contract, made and delivered to plaintiff a deed for such land; that thereafter, on July 27, “the defendant by fraud and force took and removed said…