Neher

The defendants appeal from a judgment in favor of the plaintiff, quieting his title to the premises described in the complaint as against a cloud created by the recordation of a copy of a contract for the sale of the premises executed by the plaintiff to the defendant Kauffman, attached to which was an assignment thereof from Kauffman to defendant Newton and an assignment from Newton to defendant Caldwell. The complaint is m tne customary short form of a complaint to quiet title. It alleges ownership and possession of the described premises in the plaintiff; that the defendants claim some interest or estate therein, and that such claim is without right. The answer admits the ownership and possession of the plaintiff in and to the premises and admits the defendants’ claim and interest therein; denies that such claim is without right; alleges that it arises under and by virtue of the contract of sale above referred to, and alleges further: “That heretofore these answering defendants have offered to purchase said premises in accordance with the terms of said contract and have offered to pay to said plaintiff all sums of money due to him in accordance with the terms of said contract…