Crecelius v. Smith

This appeal requires us to determine difficult questions which revolve around two conveyances of real estate by Samuel Coleman Zieger, who died in 1919. There are collateral issues, but the major contentions center upon a proper construction of the intent of the grantor in executing the deeds. No question of proper delivery is involved. The plaintiffs brought their action to quiet title to the two eighty-acre tracts of farm lands described in the deeds, and asking an accounting of rents. The defendant answered, denying plaintiffs’ claims, and eounterpetitioning for a decree quieting title in…