Beasley v. Shinn

August 26,1927, C. C. Fincher and Estella Fincher, husband and wife, executed a warranty deed conveying to Dr. J. Beasley 105 acres of land. In the granting clause is a recital that the conveyance is subject to a contract of “sale and rent” executed by C. C. Fincher to I. B. Shinn, dated January 1, 1926. There was an express covenant binding Beasley, his heirs and assigns, to “carry out. the contract and to relieve the grantors of any liability thereunder.”

The Shinn contract called for payment to Fincher of $4,000 in equal annual installments, beginning November 1, 1926: There was reservation…