Smith, Et Ux. v. Lemp, Et Ux.

Harrington, Chancellor:

The contract which the plaintiffs seek to compel the defendants to perform is dated January thirty-first, 1948, and provides for the conveyance by the plaintiffs to the defendants of “a good and marketable title” to certain property at Willow Grove, in North Murderkill Hundred, Kent County, Delaware, said to contain about one acre of land, more or less. The sole question is whether the plaintiffs can convey more than an undivided three-fourths interest in a part of the property described in the contract.

In 1863, John Gooden, Jr., John Green, Thomas D. Cubbage and…