Smith v. Allen

Appellant brought his bill to foreclose a mortgage. Appellees pleaded payment in full, and, along with the cancellation of the mortgage aforesaid, by cross-bill sought a decree canceling a certain muniment of title, a quitclaim affecting the same land, which, as they contended, had been delivered to appellant, conditionally in effect, in the progress of negotiation between the parties looking to the vesting of title in the appellee Luther Allen but which was never consummated because appellee Rollie Allen afterwards refused to convey to appellant who was to convey in turn to Luther, whereby…