Luby v. Washington Sterling Corp.

The plaintiff and defendant have entered into a contract for the purchase and sale of certain real estate. The defendant claims there are defects in plaintiff's title and declinés to accept the same and the parties have submitted to this court their controversy pursuant to sections 546 to 548 of the Civil Practice Act.

The premises were owned by one Andrew Luby, who died intestate March 12, 1915. Andrew Luby had two brothers, Thomas Luby and Terrence Luby, and one half brother, Albert N. Luby, the plaintiff in this submission. Since then Thomas Luby has died unmarried and without children. The…