Merowitz v. Whitby

The bill of complaint in this case was filed by the appellee for the specific enforcement of a contract of sale of a lot of ground on East Lexington Street under the terms of an agreement entered into between the parties on the 26th of October, 1920. The defendant refused to carry out the contract be cause of the alleged non-merchantability of the title of the plaintiffs.

The supposed defect- arises under the twenty-second clause of the will of Maria Shackelford. That clause reads as follows :

“To my niece, Minnie Hunt Mullen, in trust for the benefit, of the children of my niece, Annie Whitby,…