Erker v. Deichert

This is an action to compel the return of a warranty deed for cancelation, and to cancel the record thereof. The plaintiffs are husband and wife, and on and prior to June 6, 1926, were occupying the southwest quarter of section 12 in township 132 north of range 86 owned by Eranciska Erker as their homestead, and one Rausch was the owner of the northwest quarter of the same section.

On June 6, 1926, the plaintiff Max Erker sold both quarters to the defendant. The defendant was to make a part payment in cash, the plaintiffs and Rausch were to execute warranty deeds and deposit them in the bank…