Parks v. Welch

The appellants, vendors of a farm in Kent County to the appellee, Welch, under a written contract of sale, sued to compel the purchaser to perform the contract on his part. The vendors had agreed to convey a title in fee simple, free of all incumbrances, but it was found that the grandfather of the vendors, Rufus F. Parks, from whom they derived title as his devisees, had never received a deed for the property, and in the face of that condition the vendee declined to comply.

In addition to the vendee, all the heirs of the last owner of record, a James W. Ivens, now dead, were duly made parties…