Kretzer v. Murry

Opinion by

Mr. Justice Schaefer,

This is a case stated to determine the marketability of the title of plaintiff to real estate which he has agreed to sell to defendant and which the latter has agreed to buy. The alleged defects in the title grew out of an orphans' court partition proceeding in the estate of John W. Oberholzer, who died seized of the property on January 14, 1924, which resulted in the property being awarded to Elam W. Oberholzer, one of the sons, who elected to take it at the appraisement of $4,700. He executed a recognizance for this amount to the executors of John W.…