Sauer v. Fischer

This is a suit to quiet title. Two questions are presented: (1) Did a warranty deed, confessedly security in the nature of a mortgage in the first instance, by subsequent deeds, acts, land contract, options, lease, and dealings with reference to the land, pass the title in fee? (2) If not, did plaintiffs in good faith, and for a valuable consideration, purchase the property from parties having of record title in fee?

The decree in the circuit quieted plaintiffs’ title. Several defendants appealed, but it is only necessary to pass upon the rights of Alexander T. Fischer, who claims right of…