ELLIS, Judge.
On the 16th day of May, 1936 the plaintiff, Emanuel Francois, entered into a contract with the defendant Horace R. Alexius, in which Francois, "for and in consideration of the sum of $200.00, which $200.00 was to be paid in land, being four acres of land, more or less, out of the Horace R. Alexius United States Homestead, and to be located in said Homestead at a place selected by mutual consent, and laid out by a surveyor, to be paid by Horace R. Alexius...
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