Wynegar v. Dobson

Action to quiet title. Defendants prevailed, and plaintiff appeals.

The petition, in substance, alleges that on July 1, 1902, one McCarty, a resident of Lincoln, owned five lots in the village of Ulysses, Butler county; that on that day he executed a quitclaim deed to Godfrey Rihart; that Rihart paid $5 down, and was to pay the balance of the purchase price, amounting to $10, within 60 days from date; that the deed was placed in the hands of one Lord, with the agree*311ment that if the balance was not paid within that time the deed was to be returned to the grantor, and the $5 paid considered as…