NICHOLS, Chief Justice.
In 1973 C. David Bishop, Jr. filed suit against Claude Wayne Moss and Helen Corbett Moss to recover (Count 1) an undivided one-half interest in described real estate based upon an oral agreement between the parties and (Count 2) damages representing the total of the payments made by plaintiffs to defendants toward the down payment, etc. on such property. While no defensive pleadings were filed in such case, by consent of the parties and their...
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