Phelps v. Pinkston

Opinion by

Judge Hines :

In 1864 appellant sold about twenty acres of land to Robert Pinkston, and about 1868 Pinkston sold a portion of the same land to David Howard. No conveyance has been made by the appellant to Pinkston nor by Pinkston to Ploward. Howard brought this suit against Pinkston and the appellant, alleging certain payments on the land and seeking a conveyance. Before service of process Pinkston died, and the appellant filed his answer and made it a cross-petition against the widow and children of Pinkston, alleging that he had good title to the land, offering to convey to whom…