Ph&338nix Building Homestead Ass'n v. Peters

BRUNOT, Justice.

This is an appeal from a judgment, in favor of the plaintiff and against the defendant, decreeing specific performance of the defendant’s agreement with the plaintiff to purchase certain real estate. The defense to the suit is that the title to the property, tendered by the plaintiff, is defective and suggestive of litigation.

The record discloses that the plaintiff was the holder and owner of a note executed by Anthony Vega, the owner of the property involved, and secured by a vendor’s mortgage and lien upon said property. The plaintiff sued its said debtor via ordinaria, and…