Houchins v. Holcomb

Woods, Judge:

Cary Holcomb, by a writing bearing date August 31, 1926, agreed to purchase from O. E. Houchins “a twenty-seven acre tract of land, more or less, * * * being the property on which Oscar Honaker now lives and resides,” for the sum of $1,000.00 — $100.00 down, and the balance on September 1, 1926, on surrender of a deed for said tract “free from all incumbrances.” The deed tendered on the latter date called for twenty-five acres and seventy-five poles, and carried the following provisions: “ It is understood and agreed that the right of way for a tramroad held by the Alderson Brown…