McElwee

The plaintiffs in this action are the special administrators of the estate of Sila 0. Law, deceased. In that capacity they instituted this action against the defendants to quiet title to certain real property described in the. complaint. The defendant Beckwith, answering the plain tiffs’ complaint, and in effect by way of cross-complaint, pleaded the following facts: Prior to her death and on or about the twentieth day of April, 1922, Sila 0. Law, the deceased, executed an option for the purchase of the land in controversy, under the terms of which Mrs. Beckwith was granted the right to purchase the property in controversy for the sum of thirteen thousand dollars in case it should be paid within sixty days from the date of the option. Said option provided the title to be given the defendant was to be “perfect” and that defendant should have an abstract showing “clear title.” The defendant further pleaded that a deed was executed and deposited in escrow on the third day of May, 1922, by the deceased, who shortly thereafter died, and that within the time expressed in the option the defendant deposited in escrow the sum of fourteen thousand dollars to cover the purchase price of the…