Hagemeyer v. First Nat. Bank & Trust Co.

Opinion op the Court by

Clay, Commissioner—

Affirming.

This suit was brought by appellee, the vendor, to obtain a declaration of rights and specific performance of a real estate sale contract. Both parties are willing and able to consummate the transaction, but a controversy has arisen over the vendor’s title. The Chancellor adjudged that the contract be performed.

The vendor (hereinafter referred to as “Bank”) was vested with title and full power to convey the property, as trustee, by virtue of a trust agreement and a conveyance executed in 1935 by the owner, one "Walter C. Riedlin. The only…