Campbell v. Doherty

BRICE, Chief Justice.

This suit was brought by appellees to enforce specific performance of a contract for the sale and purchase of real estate. The defense was that the title offered was not marketable.

The trial court made findings of fact in substance as follows:

On the 22nd day of August 1947 the plaintiffs Campbell and Campbell .were seized of the property in suit. On the same day they entered into a contract of sale and purchase with defendants wherein defendants agreed to pay therefor $5581.31. There was at the time a mortgage against this property in favor of the Tucumcari Federal…