Shelton v. Smith & Simpson Lumber Co.

Russell, C. J. The allegations of .the petition are not sufficient to set up a cause of action for specific performance, because all the purchase-money is not yet due and has not been paid; but in view of the fact that the record title is not in petitioner’s name, and consequently her occupancy would not be notice of her interest, the allegations are sufficient to authorize the grant of an injunction against disturbing her possession. Judgment reversed. All the Justices concur, except