Sprague v. Haines

Gaines, Associate Justice.

Appellee brought this suit in the court below against appellants as the heirs of W. P. Sprague, deceased, and alleged, in substance, that appellants’ ancestor employed him to remove clouds from the title to the lands described in the petition, and agreed to convey to plaintiff, when such services were performed, one-half of the lands to which the title was made clear.

The petition averred that the contract was by parol, and that plaintiff had complied with the agreement on his part by clearing up the title to an undivided half interest in the land described, and…