Bonebrake v. Koons

Opinion by

Mr. Justice Maxey,

John H. Bonebrake and Harper S. Bonebrake owned a farm property in Franklin County as tenants in common. John died in 1919 and left a will appointing Harry J. Bonebrake his executor and authorizing him to sell his real estate at public sale. In February, 1936, the Bonebrakes (Harper in his own right, Harry as John’s executor) agreed in writing to sell the property to Harry M. Noons for $9,000, conveyance to be free and clear of all encumbrances whatever. The agreement, which was signed by Noons, contained a warrant of attorney to confess judgment against him for…