Kitchen v. Herring

In December 1846, Alexander Herring (defendant) contracted to sell real property to John L. Kitchen (plaintiff), a contract written and witnessed by Pridgen (defendant); Kitchen took possession in March 1847 and arranged for the property's valuable timber to be cut, but Herring had separately executed a deed conveying the same land to Pridgen in January, and Kitchen was subsequently removed from possession. Kitchen sued for specific performance of the original land-sale contract.