Hess v. Bowen

WADE, District Judge.

This is an action for specific performance. It comes before the court upon bill and answer and replication admitting the averments of the answer. The sole defense pleaded is that the plaintiff failed “to furnish a merchantable title as shown by abstract” as provided by the contract.

The particular defect relied upon arises out of a certain deed executed by C. C. Hess to the plaintiff which conveyed to him a life estate with certain provisions for forfeiture and for transmission of title to remaindermen. This particular deed was before the Supreme Court of Iowa in Hess v.…