Walker v. Scott

Jones, Oliver B., J.

This was an action below to compel the specific performance of a contract for the purchase of real estate. Defendant refused to accept a deed and pay the purchase price, contending that the title of plaintiff to the property was “defective, unmarketable and not good.”

On careful consideration of the pleadings there appears to be no issue raised between the parties on the facts, and they seem to agree in all matters as to the state of the records relating to plaintiff’s title, and to differ only as to the law and the legal effect of these records.

A demurrer to the reply was…