Martin v. Buechel

Opinion of the Court by

Judge Sampson —

Affirming.

This action was commenced by the executor and heirs of Isaac N. Covert against Gr. E. Martin, et al., to enforce specific performance of a written contract whereby the executor sold and agreed to- convey certain lands belonging to the estate of decedent to Gr. E. Martin, et al., and Martin, et al., while apparently willing to accept the property if the executor has power to pass title, is defending upon the ground that the testamentary paper under which the executor presumes to act is insufficient to vest him with power to sell and convey the…