Vitali v. Nolloth

CULLEN, Commissioner.

The appellees, Catherine and Robert W. Nolloth, brought an action for specific performance of a contract by which the appellants, A. Vitali and wife, had agreed to purchase a certain tract of land from the Nolloths. The Vitalis defended on the ground that the Nolloths did not have a marketable fee simple title. The court found that the Nolloths had good title, and decreed specific performance. On this appeal by the Vitalis, a question is raised as to only one transaction in the chain of title of the Nolloths.

The Nolloths purchased the land in 1951 from one Catherine…