Chapman v. Irwin

These consolidated eases present appeals from two judgments rendered on different dates in the same suit, sustaining-exceptions of no cause of action filed separately by the three defendants.

On March 11, 1911, the defendant Irwin purchased from Ernest Clapp some 8,000 acres of land at the price of 873,260.47, which was paid by the assumption on the part of Irwin of a debt of said Clapp operating as a mortgage on the said lands.

On the same day by separate instrument Clapp and Irwin entered into an agreement by which Irwin obligated himself to pay Clapp one-fifth of the balance of the amount…