Girtman v. Starbuck

This appeal is from a decree for complainant rendered in a suit in equity for partition brought by appellee against appellants, in the Circuit Court of Orange county.

It appears from the record that complainant derived his alleged title by a conveyance from defendants which they claimed was not a deed conveying a present interest, but merely a covenant to convey, upon the grantee’s performance of certain conditions. If the instrument is a conveyance and not a mere covenant to convey, then it invests complainant with an undivided one-half interest in the property. Complainant had never been in…