Cagle v. . Hampton

On 13 October, 1928, the plaintiffs and the defendant entered into a written contract by the terms of which the plaintiffs were to convey to the defendant certain tracts of land in consideration of $2,000 to be paid in four installments of $500, as agreed. Thereafter the plaintiffs prepared and tendered to the defendant a deed in fee with the usual covenants of warranty, and the defendant declined to accept it and to pay the purchase price on the ground that the plaintiffs are not seized of the premises in fee. The right to enforce specific performance of the contract turns upon the question…