Clapp v. Tower
Supreme Court of North Dakota
93 N.W.2d 862 (1903)
Charlemange Tower executed a contract for deed to sell property to Hadley but died before the contract was completed; his executors foreclosed the contract for delinquent payments and then sold the property to Clapp (plaintiff). The probate court had invalidated the will's real-property provisions, directing that Tower's real property pass to his heirs (defendants) under intestacy while personal property passed under his will; the heirs argued the property became part of the real-property estate upon foreclosure and should therefore descend to them, and Clapp sued to quiet title.
Whether, under Pennsylvania law, the vendor's interest in real property subject to a contract for deed is converted to an interest in personal property upon execution of the contract.