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action adopt agreed agreement alleged amount animal annotation appeal apply authority bank bill cause character child claim compensation consideration considered Constitution contract court damages death decree deed defendant denied determine devise district duty effect election enforced entered entitled equity establish evidence executed existence fact filed Frauds give granted ground heirs held holding injury intended interest judgment jurisdiction jury land latter leave legislative liability limited live marriage ment nature negligence operation oral oral contract owner paid parents parties payment performance person petition plaintiff present prom promisee promisor question reason received recover reference relation rendered respect rule specific specific performance statute sufficient suit Supp supra tion tract valid void wife