Tiencken v. Zerbst

The opinion of the Court was delivered by

Mr. Circuit Judge J. Strom Thurmond, Acting Associate Justice.

This is an action for specific performance of a written contract of sale of certain real estate in Charleston, S. C., and was commenced on September 30, 1940, by service of summons and complaint.

The plaintiff claims that she has the power to sell the real estate in question, and convey a good and marketable title in fee simple thereto, by virtue of the terms of the will of Anna Helena M. Mappus,.the widow of John J. Mappus. The defendant, who entered into a contract to purchase said real…