Provident Realty Corp. v. Woodall

BOND. X—

The defendant resists specific performance of his contract to purchase the land in controversy on the ground that a trustees’ sale, back in the chain of title, in 1909, made under the assumed authority of Section 213 of Article 16 of the Code. (1904) was in fact made without a decree passed at that time, upon sufficient proof, finding it advantageous to all persons concerned that sale should then be made. A good, merchantable title could have been given only under the statute referred to, and if the sale was not made in compliance with its requirements, the defendant cannot be…