Scarlett v. Montell

The bill in this case was filed for the purpose of obtaining the specific performance of a contract for the sale of certain property situate in Baltimore County. The appellant declines to perform upon the ground that the title of the appellees to the property contracted to be sold is not good and merchantable. His contention is stated in his answer to the bill of the appellees and is substantially that Arthur G. Mon-tell acquired his title by deed from Walter V. R. Berry, trustee, under the will of Wilmot Johnson, and by reference thereto it will “affirmatively appear that the title to said…