Exley

Appeal from a judgment dismissing plaintiff’s complaint.

A demurrer interposed by defendants was sustained by the trial court, and ten days were granted within which to amend. Plaintiff declined so to do, and the judgment of dismissal followed.

The action concerns the title to certain lands in this state. It appears from the complaint, which was filed May 18, 1921, that on July 9, 1913, Robert P. Daugherty, R. A. Yiers, and M. Cf Triplett were the owners in common of a certain tract of timber land situated in Mendocino County.1'"'On that day thgy__pntered into ,an agreement in writing in the state of Kentucky whereby they agreed to convey the same to plaintiffTaYKentucky corporation. Yiers and Triplett executed conveyances according to their agreement, but Daugherty, who owned an undivided one-half interest in the lands, refused to do so, notwithstanding he had been paid the full consideration agreed upon. In consequence of such refusal plaintiff, on the twentieth day of May, 1914, commenced an action in specific^performance, against Daugherty jn the circuit court of Hardin County, state of Kentucky, and in that action it was sought to compel Daugherty to convey to plaintiff his…