Eshleman

The appeals in these three cases all rest upon the same statement of facts. Action 3180 is for the specific performance of a contract to sell certain lands. No. 3593 is for the partition of 14.46 acres of land which embrace the 8.06 acres for which specific *200 performance is sought. Ho. 3653 is an action brought by the corporation and Malter to eject the plaintiff in the first action from the possession of the same 14.46 acres of land. In Eshleman, appellant, v. Henrietta Vineyard Company, respondent, Ho. 18018, this day filed, M. D. Eshleman appealed from that portion of the judgment entered in the court below denying her prayer for specific performance. In Ho. 3180 the defendants, on this appeal, attack a part of the same decree on the ground that there is no evidence to show that the respondent became the owner of an undivided one-half interest in the land, as found by the court below.

In addition to the facts stated in Eshleman v. Henrietta Vineyard Company, No. 18018, the court below found the following: The board of directors of the vineyard company consisted of five persons, of whom Malter was one. The latter was president of the corporation, and owner of all the capital…