Hayward

This is an appeal from a judgment in This favor of the plaintiffs in an action to quiet title. The complaint is in two counts, in the first of which the plaintiffs, after alleging themselves to be the owners in fee simple and possessed of the tract of land involved in the action, allege that the defendant, George A. Black, claims some interest in said parcel of land adverse to.the ownership of plaintiffs, which claim is without right, and the defendant has no right, title, or interest in or to any part of said premises. The second count adopts the above averments of the first count, and then proceeds to set forth two instruments in writing which, being recorded, are alleged to be a clond upon the plaintiffs’ title. The first of these is termed an agency-agreement, wherein the plaintiffs purport to authorize and employ said defendant to act as their agent in negotiating a sale of said property. This agreement purports' to be signed with the names of the plaintiffs by one Archie Hood, as agent, and by said- defendant. The other agreement is one purporting to be made by the plaintiffs, through said defendant acting as their agent under the prior agreement, with one J. G. Gardner for…