Duncan v. Johnson

The opinion of the court was delivered by

West, J.:

Duncan sued Johnson for an adjudication that he was the owner of the undivided half of the land in controversy and for an accounting, alleging that after certain transactions and agreements the deed was .made to the defendant, who paid the purchase price upon the understanding that in case he should not conclude to keep the land for his own he should be repaid plaintiff’s share of the purchase money, but otherwise he could make settlement when they had agreed upon the terms, and that until such determination and settlement he was to hold the…