Robertson v. Gilbert

On this appeal, the seller in a contract for the sale of realty assigns error to a decree granting the purchaser specific performance.

The subject property is a lot lying within a larger tract of unimproved land owned at his death by W. Ira Robertson. By will probated in 1917, the decedent created a trust and empowered his executor to sell the land in his estate. In 1975, a special commissioner advertised an auction sale of 33 lots to be “sold by lot as is”. The lots, depicted on a rough sketch prepared at the direction of the court without benefit of survey, were identified by lot numbers and…