Tesdell v. Hanes

Plaintiff’s action is one for declaratory judgment wherein it is sought to be held the title to certain real estate is “good and merchantable” as provided for in a purchase agreement. The action involves the sufficiency and effectiveness of the provisions of section 614.17, 1954 Code, which statute pertains to the right of recovery of real estate by a claimant on a claim of title arising prior to 1940. In the present case the abstract of title shows there was a break or irregularity in the chain of title in 1907. It was the claim of the defendants the recording of an affidavit under the…