Wayburn v. Smith

Littlejohn, Justice:

This action was brought by plaintiff-respondent Mable T. Wayburn against James M. Smith for specific performance of a contract for the purchase of real estate. Smith’s answer alleged that Wayburn did not have fee simple title to the property by reason of the provisions of a deed from W. J. Wooten to Allie Walker, Wayburn’s predecessor in title. The remaining defendants were either joined or moved to intervene on the grounds that they might have an interest in the property which is the subject of the action.

By’ order of the lower court the matter was referred to the Master…