Payne v. Benham

Benham and Hall, each of them, purchased of Hord two hundred acres of land, to be selected by them from any of the lands of Hord ; and they subsequently agreed to locate their lands adjoining, making one undivided tract of four hundred acres. This selection was made of lands that had been leased by Hord to Payne, on which the latter had made some improvements. After the lease had expired, Payne purchased from Hall his undivided share of the four hundred acres, and continued in possession; and Benham went into the possession of the upper half of the tract. It had been agreed that a division…