De Witt v. Searles

This is an appeal by the plaintiff, Zoreda D. De Witt, from a decree of the district court for Holt county denying specific performance of a land contract.

By appropriate pleadings. plaintiff alleged her seisin of the premises in suit, the execution of the contract by the defendant Searles, the full performance of its terms by the plaintiff, and the refusal of the defendant to perform.

The answer of the defendant is so framed as to raise the question of the merchantability of the plaintiff’s title *130so far as it is affected by the provisions of the last will of Viola S. Mullihan, deceased, which,…