Mitchell v. . Freeman ( 1913 )

Clark, C. J.

Tbe plaintiff sold tbe land in controversy, 20 acres, to J. B. Ruffin for tbe sum of $60 upon a parol conditional sale under wbicb be entered into possession in 1882. In March, 1909, tbe children of J. B. Ruffin, be being dead, conveyed a tract of land to tbe defendant Freeman, within tbe boundaries of wbicb were embraced tbe 20 acres in controversy. There are several exceptions, but tbe only one that requires consideration is tbe defense of tbe statute of limitations.

Tbe plaintiff executed no conveyance or written agreement to convey, to J. B. Ruffin or bis heirs. Ruffin entered into possession under a parol agreement to pay tbe purchase money. No part of this bas been paid, nor bas there been any offer to pay, though tbe plaintiff is willing to accept tbe same with interest thereon. There is no evidence of any adverse possession until tbe conveyance to tbe defendant in March, 1909, and this action was begun in September of that year. Tbe plea of the. statute could not avail tbe defendants.

No error.