Cohen v. Shapiro

Opinion by

Mr. Justice Simpson,

Defendants appeal from a decree in equity requiring them to specifically perform a written agreement for an exchange of properties “on or before May 10,1928...... by deeds of general warranty......in fee simple, clear of all encumbrances, except as hereinafter mentioned.” On May 1, 1928, defendants conveyed their property to the brother-in-law of one of them, by a deed which purported to be in fee simple, but was, in fact, in trust for the grantors. On May 10, 1928, the day specified for settlement, plaintiffs tendered to defendants a fee simple deed for their…