Carry, Executrix v. Homer

The opinion of the court was delivered by This was an action to cancel a real estate contract and for
possession of the property involved. The original plaintiff in
the action, Laura Estella Sexton, is now deceased. Her daughter,
Arzela Sexton Carry, as executrix of her will, has been
substituted as party plaintiff and will hereafter be referred to
as the plaintiff. We will refer to the defendant W.O. Homer, the
only appellee, as Homer, and the other defendant, Tom Givens, as
Givens. Trial was to the court without a jury. Judgment was entered
canceling the contract and determining the amount due thereon.
The defendant Homer, having obtained an assignment of all of
Givens' interest in the contract after this action was begun, was
given the right to redeem the subject real estate as a part of
the court's order. From an order of the trial court overruling
plaintiff's motion for new trial, she has appealed.