Engelbrecht v. Herrington

The. opinion of the court was delivered by

Johnston, C. J.:

This action was brought by Peter Engelbrecht against J. B. Herrington, the executor of the will of Andrew Engelbrecht, deceased, to recover land, or rather the value of land, which it is alleged the deceased orally agreed to devise to plaintiff. Plaintiff appeals from a judgment in defendant’s favor.

In 1878 Engelbrecht purchased a farm and at the same time executed a mortgage for most, if not all,- of the purchase price. He and his family occupied it as a homestead from that time until June, 1909, when he sold and conveyed it to…