Pearson v. Butler

The case went off on a general demurrer to the complaint. The plaintiff declining to further plead, the action was dismissed. By his appeal he complains of the ruling sustaining the demurrer.

The substance of the complaint is that the plaintiff and the defendant entered into an agreement by the terms of which the defendant, at a stated price, agreed to convey to the plaintiff described real estate in Cache county, clear of all incumbrances, and give a good marketable title. It then was alleged that the defendant “deraigned title” through probate proceedings of an estate of a deceased and an…