McKinney v. Flanery

Opinion of the Court by

Drury, Commissioner

Reversing.

Appellee was adjudged to be the owner of 40 acres of land known as Rocky hollow, lying on Ross creek in Estill county.

Joseph Angel was the owner of a tract of 150 acres of land on Ross creek, which he had sold by parol to his grandson, Robert McKinney. This was in 1908. In 1911, Robert McKinney sold 40 acres of this to S.TT. Flanery, and a writing evidencing the trade was prepared. A month or two later, appellee found that he was unable to pay Angel for the land as contemplated by this agreement, and it is insisted for appellant that by…