Berenbroick v. Hofstetter

Walker, Chancellor.

This is a suit for specific performance. The complainant agreed to sell and convey to the defendants lands in Hudson county, by deed of general warranty free from all encumbrances except a certain mortgage. The defendants refuse to conclude the purchase by accepting a deed from the complainant,■alleging in their answer that—

“The complainant cannot convey to defendants the premises in fee-simple by full covenant and warranty deed, free and clear of all encumbrances, except a mortgage of $4,000, according to the terms of the contract, for the reason that there is an…