Banister v. Fallis

The opinion of the court was delivered by

BURCH, J.:

The plaintiff, Banister, and the defendant, Fallís, agreed in writing to exchange land,- each party to furnish an abstract showing perfect title to his land. The parties met at a bank to close the trade, when a supposed defect in the title to the Fallís land *321was discovered. James L. Peacock had once owned the tract. In February, 1898, he deeded it to The McKinley-Lanning Loan & Trust Co. The records disclosed an unacknowledged instrument dated March 2, 1898, purporting to be an agreement on the part of “McKinley & Lanning” that if Peacock…