Shay v. Penrose

This is an appeal from a final order of the city court of Sterling in an action for the partition of real estate, striking certain affirmative defenses and dismissing the amended counterclaim of the defendant, Grace Penrose. A freehold is involved.

Carol M. Shay individually acquired six parcels of real estate in her lifetime. Between 1955 and i960 she executed contracts for deed to separate purchasers of four of the properties. None of the contracts is set out in full but it appears from the pleadings that they are the type of contract for deed in common usage by the profession. Each provided…