Barsky v. Posey

Citations

• 11 Del. Ch. 153
• 98 A. 298
• 1916 Del. Ch. LEXIS 28

Syllabus

<p>Where a party received a valuable consideration for a one-seventh interest in premises, and acknowledged as his deed a conveyance not in fact signed by him, having parted with all his interest in the property, he and parties claiming under .him are estopped to set up a title adverse to the grantee in the deed and those claiming under it.</p> <p>In suit for specific performance of a contract to buy land, a title will be sustained, though a deed in complainant’s chain read “north” for “south”; a description obviously impossible, bearing unmistakably on its face its own correction.</p> <p>In suit for specific performance of a contract to buy land, where a deed in complainant’s chain of title conveyed ways and appurtenances, and there was testimony to the existence and continued use of an alley before and since the deed, which failed to mention the use of the alley by the grantee, the defect in the title was not real.</p> <p>In suit for specific performance of a contract to buy land, where complainants claimed title under mortgagors, and there was testimony of witnesses, for thirty-six years owners or part owners of the premises, that no interest on the mortgage debt had been paid or demanded, a presumption of payment of the mortgage arose, so that the mortgage, though in fact unsatisfied of record, was not a valid reason for declining to fulfill the contract.</p>