Stone v. Austin

SHANNON, Judge.

This is an appeal from a final decree of the Chancellor below wherein he dismissed the complaint with prejudice in a suit brought by the appellant, plaintiff below, for the specific performance of a contract to sell certain real estate embracing the homestead. To the complaint the defendants had filed answers, the plaintiff had taken evidence, and the defendants had offered none when the decree appealed from was entered.

The Chancellor in his final decree said in part:

“ * * * It clearly appears from the testimony that the Defendant Estelle Austin did not want to sell the…