Davey v. McShane

Plaintiff brought this action to recover a primary payment made on a contract for the purchase of land. The defendant sought a strict foreclosure of the contract, which was granted. Rev. Code 1919, §§ 2914-2917. Plaintiff appeals from the judgment.

The sole contention on the part of appellant ‘is that the title to the land was not merchantable, which contention is based upon probate proceedings affecting an undivided sixth interest in the land had in the year 1915. Two points are raised which, it is claimed, render the probate proceedings invalid. The first is that *267the county court made an…