Kindig v. Richardson

The opinion of the court was delivered by

Dawson, J.:

The plaintiff brought this action to restrain the defendant sheriff from selling a half section of land in *219Finney county to satisfy a judgment against B. M. McCue, in whose name the record of titles disclosed a half interest.

McCue was a brother-in-law of plaintiff, and the evidence tended to show that in 1906 this half section and other lands were owned by one Jones and the plaintiff, and that in 1907 McCue acquired by conveyance the half interest of Jones. In 1908, by oral agreement between plaintiff and McCue, the latter was permitted to…