Tyrrell Combest Realty Co. v. Ellis

WALKER, Chief Justice.

Judgment below was for appellee, Mrs.. J. O. Ellis, against Tyrrell Combest Realty Co., appellant, for the title and possession of Lot No. 27, Block No. 1 of Wescalder Subdivision in Jefferson County, containing 4.05 acres of land. The facts are as-'follows:

On the 18th day of August! 1924, by an instrument in writing, apMi&t contracted to sell to appellee the ldt m controversy and, upon payment by her of the purchase price, to execute to her “a general warranty deed conveying said land free and clear of all encumbrances.” By the contract appellee agreed to pay appellant…