Emily v. Harding

This was an action by the appellee against the appellant and another, who declines to join in the appeal, to recover the possession of real estate.

The defendant Mahala Emily pleaded, as a third paragraph of answer and cross complaint, the following facts: that heretofore one Elizabeth Fleshman was the owner in fee simple and in possession of the real estate, and by a parol contract sold the same to the defendant Mahala Emily, and, in pursuance of said sale, and as a part performance thereof, put the defendant in possession thereof, and agreed to convey the title to her; that the consideration…