Miller v. McDowell

*76The opinion of the court was delivered by

Johnston, J. :

This was an action brought by C. C. McDowell, against the administrator of the estate of John McDowell, deceased, to recover $660 alleged to be due from the estate by reason of a real-estate transaction had between the plaintiff, the deceased, and their father, Charles McDowell. The father of C. C. and John McDowell was the owner of two tracts of land which he conveyed to his sons on April 3, 1883. There was a mortgage on the tract conveyed to C. C. McDowell, made to secure a loan of $1000 obtained from D.-K. Carter. It was alleged that,…