Cottrell v. Cottrell

The complaint of the appellee is against the children and heirs of Joshua Cottrell, deceased, and seeks to enforce the specific performance of a parol contract made with the deceased in his lifetime.

*88The complaint is badly drawn, but we think states a cause of action. The principal objection urged against it is' that the first paragraph does not allege that the ancestor of appellants had any title to the property which it is alleged he agreed to convey, and is, therefore, bad. There are facts stated which, show some title in the decedent. It certainly appears that his title was sufficient to…