Williams v. Marx

Citations

• 124 Cal. 22
• 56 P. 603
• 1899 Cal. LEXIS 931

Syllabus

<p>Vendor and Purchaser—Contract of Sale—Construction of Will— Decree of Distribution—Specific Performance.—Where the land ' described in a contract of sale was devised to the vendor in the will of a deceased person, and it was objected by the purchaser that the construction of the will left the title questionable, if It appears that the land was distributed to the devisee in fee by a decree of distribution which had become final by failure to appeal therefrom for more than one year, and which had never been modified, and the jurisdiction of the court is not assailed, and no uncertainty appears in the decree as to the title of the vendor, such decree is a judicial construction of the will, which cannot be assailed collaterally; and the contract of sale was properly enforced in an action by the vendor against the purchaser for a specific performance.</p>