Horton v. Matheny

This appeal on questions of law and fact brought to this court this action for specific performance of a contract for the sale of a farm located in Williams county.

By the contract, the vendor, plaintiff, appellant herein, agreed to deliver to the purchasers, the defendants, appellees herein, a warranty deed with “all persons having an interest in said lands by way of marriage or otherwise joining therein.” Plaintiff also agreed to “deliver to second party a complete abstract of the title to said lands brought down to the date of the delivery- of said deed, showing a merchantable title of…