Proctor v. Mitchell

Opinion op the Court by

Judge Sims

Affirming.

This declaratory judgment action was brought by appellants to have the chancellor adjudge the title to a house and lot in Winchester to be good and merchantable and to compel appellees to comply with their contract to purchase it. A general demurrer was sustained to the petition and when appellants declined to plead further the petition was dismissed and they appealed.

The property was formerly owned by three Garrard sisters, all of whom were adults. One sister, Mary, was mentally incompetent and the Winchester Bank, as her committee, brought an…