John Franke’s will left certain real estate to his daughter, Lucile Franke, as a life tenant. The will left one-half of the remainder in fee to the child or children of Lucile, and the other half to the Theological Seminary of the Evangelical Lutheran Church. Lucile was married to H. L. Popp and had two minor children. Lucile and Popp (collectively, Popp) (plaintiffs), individually and as guardians of Lucile’s minor children, agreed to sell the land in fee simple to Bond (defendant). Bond refused to pay for the land absent a court order decreeing the title to the land to be merchantable. Bond was concerned, specifically, about the potential remainder interest of Lucile’s unborn children. Popp filed suit seeking specific performance of the sales contract. The trial court found that the title to the land was not merchantable. Popp appealed.