Judges: PER CURIAM. —
Attorneys: Leitner Leitner, for Appellant;
W. W. Whitehurst, for Appellees.
Reversed.
Filed: Aug. 01, 1928
Latest Update: Mar. 02, 2020
Summary: It appears from the bill of complaint filed by the appellant in the lower court against the appellees that on March 7, 1925, the appellees, M. M. Roberts (who was the owner in fee of the lands involved in the suit), and Donella Roberts, his wife, entered into a written agreement wherein they agreed that, if the appellant should first make the *Page 381 payments and perform the covenants mentioned in the agreement to be performed by him, they would convey and assure such lands to the appellant, h
Summary: It appears from the bill of complaint filed by the appellant in the lower court against the appellees that on March 7, 1925, the appellees, M. M. Roberts (who was the owner in fee of the lands involved in the suit), and Donella Roberts, his wife, entered into a written agreement wherein they agreed that, if the appellant should first make the *Page 381 payments and perform the covenants mentioned in the agreement to be performed by him, they would convey and assure such lands to the appellant, hi..
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The record in this cause having been considered by this Court, and the foregoing opinion prepared under Chap. 7837, Acts of 1919, adopted by the Court as its opinion, it is considered, ordered and adjudged by the Court that the order of the Court below should be, and the same is hereby, reversed.
ELLIS, C. J., AND WHITFIELD, STRUM, BROWN, AND BUFORD, J. J., concur.