Nature of the Case
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Facts
P's husband died on April 19th. He owned an undivided interest in common on the land involved in this suit. The land was not held in joint tenancy. Five months later P signed a contract for sale for the land and agreed to furnish D with an abstract of title showing merchantable title. She later tendered one which showed various affidavits designed to serve in lieu of administration proceedings on her husband's estate. Those documents showed heirs, freedom from debts, and the homestead character of the premises from the date of its acquisition.
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