Eshleman

Appeal from a final judgment in favor of defendants, and from an order denying a motion for a new trial.

The action was brought to enforce the specific performance of a contract for the conveyance of land based upon the following agreement: —

The theory of the complaint is, that at the date of the foregoing agreement, the corporation defendant claimed to own the land agreed to be conveyed, but that at that time, and for a long time subsequent thereto, several other persons also claimed, or appeared of record to claim, interests, estates, and liens in and to and upon said land adversely to the corporation; that on the twenty-eighth day of October, 1887, the corporation could have conveyed the land free and clear of encumbrance, and offered to do so; that on or about November 5, 1887, plaintiff accepted the offer of a conveyance, tendered the price agreed to be paid, and demanded a deed; that on the twenty-fifth day of January, 1888, the corporation defendant refused, and has since refused, to convey the land.

filie further allegations of the complaint are mainly ancillary to this general statement.

The answer negatives many of the allegations of the complaint, and avers, in…