Brandenstein v. Kawecki

Jaycox, J.:

Frances Brandenstein entered into a contract to convey to the defendant certain premises. The vendor did not have record title to all of the premises, and the defendant claimed that the title was unmarketable by reason of the outstanding record title in the heirs of one Scott R. Sherwood. It was agreed between the parties to said contract that Frances Brandenstein should bring an action to determine the claim to said premises, for the purpose of barring any possible claim of said heirs of Scott R. Sherwood. This action was brought and jurisdiction obtained of eight out of the nine…