Bryan v. Yoder

It appears from'the record in this case that prior to 1939, appellee Yoder had leased the land here involved from the heirs of one Clinton Nisbet, who was the owner thereof at the time of his death. While Mr. Yoder was in possession as a tenant, the heirs instituted partition proceedings and obtained the appointment of a commissioner to sell the land.

This first commissioner accepted an oral bid of $1,850 by appellee Yoder for the land but did not report such sale to the court and such sale was never confirmed, deed was never ordered and payment was never made. It appears that this alleged…