Merrill v. Peterson

Complainants seek specific performance of an agreement by defendant to purchase certain real estate. The sole defense is the claim of defendant that title is defective because complainants derived title as to most of the property in question through a quit-claim deed dated April 5th, 1887, recorded April 4th, 1888, executed by three individuals who owned undivided interests in the property.

Most of the relevant facts were stipulated by the parties and some testimony was taken at the hearing. On April 2d 1885, Naomi C. Banta owned the premises in question and on that day she died, a widow,…