Hubbard v. Whitham

This is an action for specific performance brought by the plaintiff-appellee to require defendant-appellant to convey to him a certain farm in Ohio County, Indiana, which the plaintiff-appellee had purchased at public auction for $20,000. At the time of the sale defendant-appellant was married and the farm was owned by him and his wife as tenants by the entireties. However, at that time there was an action pending between them for divorce from bed and board. In the divorce proceeding the parties stipulated the farm was to be set over to defendant-appellant as his separate property and the…