Young v. Clay

By his first assignment of error, the appellant contends that the complaint is insufficient to maintain the suit against him or to subject his land to the mortgage, because, he says, it fails to disclose that the plaintiff ever entered into a valid contract in writing for the purchase of the land, or that any consideration passed from her for the land, or that she had a salable interest therein.

The pleadings admit, and the parties by stipulation agreed, that the plaintiff’s interest in the property was acquired under an executory contract with one Otto F. Boye, the original owner in fee…