Johnston v. Johnston

The appellee brought this suit against the appellant for the purpose of recovering title and possession of an undivided half interest in 70 acres of land fully described in his pleading, tie relied for title upon proof of a parol agreement between himself and the appellant, under the terms of which the latter was to take up and foreclose a mortgage on the land and buy it at the execution sale for their joint benefit. The facts show that in 1914 or prior thereto W. S. Johnston, the original owner of the land in controversy, died, leaving as his only heirs his mother and several brothers and…