Jordan v. Jordan

Opinion by

Linn, J.,

In October, 1925, five plaintiffs brought ejectment against their brother for a house and lot, averring title in them under the will of their father, Samuel Jordan, deceased. Defendant claimed under a parol agreement of sale to Mm by Ms father, part payment, tender of balance, possession and improvements alleged to be sufficient to take the case out of the statute of frauds: March 21, 1772, 1 Sm. L. 389. He has judgment conditioned on paying plaintiffs the unpaid balance of the consideration, $2,550. After trial two plaintiffs accepted payment of $510' each from defendant;…