Bank of Montclair v. Mallas

Complainant's bill seeks the specific performance of an agreement to purchase certain real estate. The defendant moves to strike the bill upon three grounds, viz.: That the bill fails to set forth an equitable cause of action; that the bill discloses that complainant's title to the real estate in question is not good and marketable; that the bill discloses that complainant's title to said real estate is of such doubtful validity and of such debatable quality as to disentitle the complainant to compel the defendant, as vendee, to accept the same.

The complaint alleges that Burt S. Morris died…