Justino v. Fassi

*677Plaintiff and defendant are seller and purchaser, respectively, under a contract of sale of a parcel of real property. The controversy is whether plaintiff is the sole owner of the fee to the property and entitled to a judgment of a specific performance, or whether the heirs of his deceased mother own the fee as tenants in common with the plaintiff (the plaintiff being also one of such heirs). Plaintiff acquired his title by a deed from his mother. The granting clause of the deed stated that the grantor conveyed the subject property to plaintiff, “ his heirs and assigns forever ”, but the…