Battle v. . Shore

Tbe only question presented by tbis appeal is whether tbe plaintiff is tbe owner of tbe land wbicb be bas contracted to sell and convey to tbe plaintiff. Tbe facts involved in tbis question are admitted in tbe pleadings. Upon these facts, it was adjudged tbat plaintiff is not entitled to a decree of specific performance.

Plaintiff claims title to tbe land under tbe will of Horace Battle, deceased, wbicb bas been duly probated and recorded. Horace Battle was tbe owner in fee and in possession of tbe land at tbe date of bis death. By bis will be devised tbe land to bis wife, Harriet Battle “for…