Shultz v. Sanders

Van Fleet, V. C.

The petitioners, Louis and Clara Eisberg, were the purchasers of the mortgaged premises sold under the decree made in this cause. They ask to be relieved from their contract. They say they bid for the mortgaged premises believing that, if they were struck off to them, they would acquire a title in fee simple absolute, but they have ascertained, since their purchase, that the suit is, in essential particulars, so defective that a good title cannot be made. And for this reason, they say they ought not to be compelled to carry out their contract.

The mortgage on which the suit is…