Grand Lodge Ancient Order United Workmen v. Fischer

Plaintiff brought this action for the purpose of having title to certain real estate as disclosed by an abstract declared a merchantable title. Plaintiff sold the real estate to the defendant and agreed to furnish a merchantable title. Plaintiff furnished defendant an abstract of title which defendant had examined by a reputable and competent attornéy who made certain objections to the title and based upon these objections held the title was not such a title as the plaintiff agreed to furnish. The first objection relates to the validity of certain probate proceedings in the estate of Jens…