Holly v. Holly

Clark E. Holly instituted an action in the district court of Rogers county against Charles W. Holly to have a certain deed and contract decreed a mortgage. . Defendant in his answer prayed that his title be quieted. The parties will be referred to as they appeared in the court below. Plaintiff and defendant were brothers, and plaintiff desired to purchased a tract of land. Defendant, as agent for a Mrs. Smith, had been trying to sell a 20-acre tract for $1,000. A deal was made and a deed was executed by Mrs. Smith to plaintiff (notarized by defendant) ; $500 was paid down, half of which was…