White v. FELKEL

Taylor, Justice.

This appeal arises out of an action for specific performance of a contract for sale of timber and for damages resulting from defendants-respondents failure to perform. The matter was referred to W. B. Tinsley, Esquire, Special Referee, who took the testimony and made his report on January 8, 1951, stating:

“I, therefore, recommend as follows:

‘T. That the Court, by its Order, direct that the plaintiff, within ten (10) days from the filing of the Order, satisfy of record the mortgage, if still outstanding against his 167-acre tract of land, and that he file with the Probate Court…