A. L. Smith v. H. F. Powell and J. T. Mapoles

WEST, J. -- By his second amended bill in equity appellant, as complainant below, in substance alleged the making of a contract with appellee Powell on the 5th day of January, A.D. 1916, to purchase certain described land; appellant's entry into the possession of such land pursuant to the terms of the contract; the erection by him of a building thereon and the establishment of a business which he conducted in such building; his discovery thereafter that appellee did not own the land as represented at the time the contract was made and appellee's consequent inability to make a valid conveyance thereof to appellant; appellant's ability and willingness to perform the contract but failure to do so because of appellees' inability; the recovery by appellee of a verdict and judgment in a suit in ejectment against appellant for the possession of the property, and that such verdict and judgment were for various stated reasons void and unenforcable.