Kinch Et Ux. v. Fluke

Opinion by

Mr. Justice Kephart,

Kinch and wife, appellants, on September 24, 1923, purchased by written agreement (not recorded) from Robert E. Fluke and James H. O’Rorke, trading as The Home Realty Company, a dwelling house in Altoona for $6,000. Of this sum $2,261.14 was paid in cash on the execution of the agreement. The balance $3,738.86 was to be paid in monthly installments of $35 each, with interest on deferred payments. The legal title was in Fluke. On October 8th of the same year, the purchasers entered into open, exclusive and notorious possession of the premises and occupied it as a…