Lindner v. Newfield

This was a suit to compel specific performance of a contract of promise, of sale.

The answer denies, for a number of assigned reasons, that plaintiff can tender a valid title; avers that the title is now involved in litigation and that plaintiff is not now and has never been in actual possession of the property, but that another has been and is; and that, therefore, plaintiff is unable to deliver the property.

There was judgment rejecting plaintiff’s demand, and he appeals.

Plaintiff acquired the property at a tax sale. It was sold for State taxes due for the year 1901, under an assessment in…