Stewart v. Gearhart

Opinion op the Court by

Hobson, Commissioner

Reversing.

On March 17, 1924, Prank Stewart and his wife ex ecuted a deed, in consideration of $5,745 to F. M. Gear-hart, for the tract of land on which they had lived for many years in Boyd connty, 'Containing about 207% acres. On March 25, 1925, Gearhart and wife executed ■ a deed to Frank Stewart by which they conveyed the land to him in consideration of $8,000, $2,000 in hand paid and a note for $6,000. On the same day, Stewart and Gearhart signed a written agreement setting out the above deed and adding these words:

“Whereas, it is the intention…