White v. Garrett

Plaintrffs-respondents entered into an executory contract with one Charles A. Stewart for the sale of a house and approximately 160 acres of land adjoining. Stewart was acting in the transaction for L. Ii. Braun. Shortly thereafter Braun discovered that a small strip of land on which the house stood was not included in the land described in his escrow deed but was part of a parcel patented to one Maurice O’Connell. Braun purchased this strip from O’Connell and secured a deed therefor. This deed, like the executory contract, ran to Charles A. Stewart, acting for Braun.

In 1919 Braun and Stewart…