Messmore's Estate

Opinion by

Mr. Justice Sadler,

Messmore, with a number of others, secured options on certain coal lands in Greene County. The title to the land actually purchased was taken by one Tuit. The first named was unable to provide the necessary funds to pay for the undivided interest to which he was entitled, and Thompson agreed to see that the necessary sums were paid, and carry the property for the benefit of Mrs. Messmore, on condition that the grantee should deed the husband’s interest to him, for the benefit of the wife, on the payment of the amounts due. On February 25, 1898, Thompson entered…