Weymouth v. Gray

This is an action brought by the vendor for specific performance of a contract to sell and convey land. The plaintiff appeals from an order overruling a general demurrer to the answer. The question raised is whether, under the allegations of the answer, the plaintiff can convey a good and marketable title in fee simple to the land.

Plaintiff’s title is derived from the will of her deceased husband, Daniel A. Weymouth, by which the testator directed that all of his property should go to the plaintiff “so long as she shall remain singlein case of her marriage she to have the homestead and one…